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(영문) 서울동부지방법원 2018.07.27 2018고단52
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. On March 2016, the defrauded Co., Ltd. against the victim B is obvious that “Around April 2016, 2016,” written in the facts charged, “Around April 2014,” from the Defendant’s D office in Seocho-gu Seoul Metropolitan Government to obtain KRW 300 million from E, is a clerical error in the statement of the facts charged.

The loan shall be paid immediately with the loan, if the loan is to be carried out.

In addition, the local government receives a loan from the lending company, and shall fully repay the loan three months after the share of the joint and several sureties, and if the loan is not repaid, it shall be deducted from the guarantor.

“A false representation was made.”

However, at the time, the defendant only consulted about the loan in E and did not receive a definite answer about the loan, and the defendant's business was accumulated so that it was difficult for the worker to make a monthly salary, and thus, there was no intention or ability to pay the above loan and loan or to not bear the liability for the above joint and several liability.

Around March 25, 2016, the Defendant received from the injured party the total amount of KRW 35 million on or around March 25, 2016, and KRW 36 million on or around the 31st day of the same month, and around that time, the Defendant, a lending company, (F), ② (State), ② (State), ③ (State), H, ④ (State), ⑤ (State), ⑤ J (State), ⑤ (State), and ④ (State), by obtaining a loan of KRW 48 million in total, and had the injured party jointly and severally and severally guarantee the said lending company and did not change it, thereby making the victim be liable for the joint and several liability for the said lending company.

Accordingly, the Defendant, by deceiving the victim, received the above loan amount of KRW 36 million, and acquired the above loan amount of KRW 48 million.

2. On December 2016, the criminal defendant against the victim L lending KRW 35 million to the victim at the instant coffee shop in front of the gold set of the subway No. 1 in the Geum-dong, Sinpo-si, Sinpo-si. The defendant lending the victim the full payment to March 15, 2017. The defendant is located within the Jongno-si area.

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