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(영문) 수원지방법원 안산지원 2021.01.11 2019고단4324
사기
Text

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

However, the execution of the above punishment 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) was a person who actually operates a restaurant with the trade name of “D” on the YU C and I of Ansan-si, and (b) was aware of the victim B (the victim B) who intended to purchase the loan for the purpose of real estate investment at the end of the end of 2013, and introduced the lending to purchase it to the victim; (c) as the contract was concluded, the victim was under review of the victim’s business by soliciting the victim’s mutually restaurant franchise business with the trade name of “D” in the operation of the Defendant; and (d) at the time, the Defendant was unable to receive the loan without the guarantor because the Defendant reported and contacted the advertisement of the above restaurant store store that was posted by the Defendant without any property or occupation and credit rating due to low credit rating; and (e) was willing to have the victim guarantee the loan obligation by borrowing money from the lending enterprise, and receive the money from E as a franchise contract deposit, etc.

1. On December 19, 2013, the defrauded Defendant: (a) around December 19, 2013, at a non-permanent place; (b) on December 19, 2013, the victim was scheduled to open a cafeteria E from Ansan City F to run a cafeteria; (c) the Defendant was required to obtain a loan due to the shortage of funds.

Since it is possible for employees to borrow up to 30 million won on the face of the week in which the guarantee is made by employees, and if a restaurant is opened, it is possible to borrow a loan over the middle, so it is possible to promptly repay the loan after opening the business. If E fails to pay it, it is possible to repay it.

In addition, in order to increase the credit rating of the victim by paying the loan without delay, E will receive a loan with the credit rating and make it possible to gain profits by investing in the loan or officetel.

“A false statement” was made.

However, in fact, the Defendant is unable to pay monthly rent because the above D cafeteria was not operated normally, and there was no intention or ability to conclude the E and the above cafeteria franchise, and the credit rating was 7 grade even with knowledge that the Defendant did not have any property to E, and received some money under the name of E and received it as a down payment in the franchise agreement.

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