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(영문) 창원지방법원 2016.07.20 2016고단1340
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, a printing factory in Kim Sea-si C, had the intention to acquire money from the damaged party in order to raise entertainment expenses between the victim E and his work together with the printing factory in Kim Sea-si.

1. On September 16, 2015, the Defendant committed the crime of September 16, 2015, in the above D around September 16, 2015, the Defendant falsely stated that “The Defendant shall repay the funded loan obligation to the victim, so that he/she shall obtain a loan from other places and repay his/her obligation, thereby, he/she will unfold his/her joint and several surety by resolving the joint and several surety within one month from the face of the week.”

However, even if the defendant was given a loan as a joint guarantor and intended to use the damaged person for entertainment expenses, such as drinking value, after taking the loan, he/she did not have an intention or ability to unsatisfy joint and several sureties by resolving the loan within one month.

The Defendant, as a joint guarantor, established the victimized person as a joint guarantor, received a loan of KRW 15 million from the “Nex Loan” amounting to KRW 15 million, KRW 15 million from the “Nex Loan” amounting to KRW 15 million, and KRW 5 million from the “Nex Loan” amounting to KRW 15 million, and KRW 5 million from the “ENex Loan” amounting to KRW 15 million.

Accordingly, the defendant acquired property benefits by deceiving the victim.

2. On September 25, 2015, the Defendant stated that “Around September 25, 2015, the Defendant would receive a refund loan from the bank within one to three months if he/she borrowed money from the lender to the lender.”

However, in fact, the Defendant did not have any idea to receive a bank substitute loan, and was expected to use the money received from the injured party as entertainment costs, and thus there was no intention or ability to pay the money even if he received the money.

The Defendant had the victim respectively borrow KRW 30 million from the “Mo Savings Bank” to the “W&A Dop Dop,” and KRW 10 million from the “YA Dop Savings Bank” to the Defendant’s name on the same day, and was transferred KRW 50 million in total to the Agricultural Cooperative Account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

3. The crime on January 14, 2016.

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