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(영문) 의정부지방법원 2014.05.13 2013고단4306
사기
Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The Defendant is a person who has conducted a business collecting waste oil and scrap metal in the name of the Defendant. Since the business at the time was not properly operated and the loans received from a financial right or a loan company exceeded KRW 500 million and there was no particular property, even if the Defendant received a loan from a financial right or a loan company, the Defendant did not have the intent and ability to repay it, and even if the Defendant had a victim C jointly and severally guaranteed a loan, there was no intention to convert it into a low interest loan or to deduct it from a joint guarantor.

Nevertheless, on March 21, 2013, the Defendant made a false statement to the victim at the F Office located in Guri-si E, stating, “The Defendant would obtain a loan from the lending company, convert the joint and several liability into a low interest loan with 10% interest rate without molding in one month, and also be omitted in the joint and several sureties.”

On March 22, 2013, the Defendant enticed the victim as above and caused the victim to stand a joint and several surety; KRW 20 million in the Hyundai Savings Bank; KRW 20 million in the Sejong Savings Bank; KRW 7 million in the young children’s cream loan; KRW 7 million in the cream loan; KRW 8 million in the cream loan; KRW 7 million in the cream loan; KRW 7 million in the cream loan; KRW 7 million in the cream loan; KRW 7 million in the cream loan; KRW 5 million in the c commercial partnership loan; KRW 8 million in the cream loan; KRW 8 million in the cream loan; KRW 5 million in the cream loan; KRW 5 million in the cream loan; KRW 1 million in the cream loan; and KRW 1 million in the cream loan; and KRW 4 million in the principal interest and interest of KRW 1 million in the cream loan; and thus, did not receive the principal interest and interest of property interest of KRW 00 million.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including part of each statement inC and G);

1. A protocol concerning the police investigation of the accused (including part concerning theC statement);

1. Statement of the police statement to C (including each supplementary guarantee certificate, joint and several guarantee contract, loan transaction contract, and copy of loan guarantee contract attached);

1. Copy of each letter of guarantee, respectively;

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