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(영문) 대전지방법원 천안지원 2018.01.11 2017고단2305
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 15, 2013, the Defendant committed a crime on October 15, 2013, to the victim B, who was a military vessel, at the 7663 unit living room in the Army located in the Pakistan-Eup on October 15, 2013, and to the victim B, who was a military vessel, “a military vessel while driving a vehicle, and making a prompt need for money.

In order to borrow money from a lending company, a false statement was made that a joint and several surety will not be damaged by the repayment of a loan at the time.

However, the defendant did not have any traffic accident at the time, and not only did he had any special property but also did not repay it after having been granted a loan from a lending company several times, so there was no intention or ability to repay the debt with the principal and the loan, as the promise was made.

The defendant deceivings the victim as above, and the defendant received a loan of KRW 5 million from the future cream loan of the corporation on the same day, the infant loan of the corporation, the loan of the corporation cream loan of the corporation cream, the corporation cream loan of the corporation cream, and the corporation cream loan of the corporation cream, respectively, and the defendant had the victim enter into a joint and several guarantee contract for each of the above loans on the same day.

Accordingly, the defendant, by deceiving the victim, acquired a total amount of 20,000,000 property profit.

2. On October 22, 2015, the Defendant committed a false statement to the said victim, at a place where it is impossible to identify the around October 22, 2015, stating that “The Defendant would proceed with the procedure of submitting the documents related to joint and several sureties to the lending enterprise on October 15, 2013,” such as submitting the documents related to joint and several sureties to the said lending enterprise.”

However, the facts are that the defendant made a false statement in order to have the victim conclude an additional joint and several guarantee contract, and the victim did not have an intention or ability to take measures to terminate the existing joint and several guarantee contract, and there was no intention or ability to repay the debt of the main loan, such as the statement in paragraph 1, even with regard to the additional joint and several guarantee contract.

The defendant as above.

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