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(영문) 수원지방법원 2019.07.19 2018고단5724
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operates the “Catt” in Suwon-si B, and the victim D was a person who operates the catt in the Catt operated by the Defendant, and the Defendant was a person who operates the catt in the Catt operated by the Defendant, with a claim of KRW 50 million and the 44 million in unpaid settlement amount.

According to the records around March 2016, the defendant stated to the effect that he/she provided joint and several sureties after the defendant's request for joint and several sureties. Since it is reasonable to view the defendant's request as a transfer of the defendant's initial joint and several sureties and there is no particular obstacle to the defendant's exercise

In Suwon-si, the term “Catt” in Suwon-si B, stating that “the victim shall receive a loan from a lending company on the face of joint and several guarantee, and shall repay the money.”

However, even if the defendant was established as a joint guarantor and borrowed the victim, he/she did not have any intention or ability to repay the victim's debt with the money borrowed by his/her own intent to use it individually, such as repayment of existing debt, payment of marina employee's pay.

The Defendant, in its possession, shall cause the victim to suffer KRW 8 million on March 3, 2016 to E, and the same month.

4. Eight million won for stock company, eight million won for stock company G, eight million won for the same month; and

7. Eight million won in case of a stock company H, the same month;

8. A loan of KRW 3 million to I Co., Ltd. and a joint and several sureties acquired a total of KRW 35 million pecuniary benefit.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A real estate lease contract, a loan guarantee contract, and a details of account transactions [Judgment on the assertion of the accused and the defense counsel];

1. The gist of the assertion is that the Defendant merely requested the victim to provide joint and several sureties with “a person who takes part in the amount of KRW 50 million by taking part in the receipt of a set-off loan,” and the Defendant received money from a joint and several guarantee.

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