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(영문) 부산지방법원 2017.11.15 2017고단3018
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 30, 2013, the Defendant: (a) at a coffee specialty store where the trade name located in Ulsan Metropolitan City on July 30, 2013 is unknown, the Defendant sought a loan from the victim D (n, 29 years old) who made female-friendly job offers by having an urgent demand for the mutual agreement on the same traffic accident; (b) the Defendant changed the joint and several sureties; (c) the Defendant does not have any damage to the subjects that he has repaid without paying the loan.

“........”

On July 31, 2013, the Defendant obtained the consent of joint and several sureties with his identification card from the victim who believed him, and concluded a joint and several sureties contract in the name of the victim for each of the loans when the Defendant received a loan of KRW 26 million in total, including KRW 5 million from the loans of Vietnam Entertainment, KRW 7 million from the loans of Sluri Capital Co., Ltd., KRW 7 million from the Lone Star Loan, and KRW 7 million from the Lone Star Capital Loan, and KRW 7 million from each of the loans.

However, at the time, the Defendant’s birth was not in need of agreement due to the absence of a traffic accident. At the time, the Defendant did not have any particular property, while the Defendant was liable to pay 91 million won or more, and the amount equivalent to three million won or more per month was insufficient to cover the principal and interest of the existing loan and living expenses. Therefore, even if the Defendant was granted a loan under a joint and several surety by the victim, there was no intention or ability to pay the loan normally.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits from the victim.

2. On November 29, 2013, the Defendant called the victim in Ulsan Metropolitan City to lend KRW 10 million to the victim. The Defendant is expected to engage in multi-stage business, and the parent is expected to pay installment savings for ten (10) years with his/her own monthly wage. The Defendant will pay installment savings upon maturity.

“........”

The defendant is a deposit account in the name of a national bank in the name of the defendant on the same day from the person who is believed to do so on the same day.

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