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(영문) 서울동부지방법원 2016.05.26 2016고단790
사기등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. The fraud, around September 13, 2015, Defendant A lent KRW 15 million to the victim at a sales store of the D-Carrying phone operated by the Defendant and the Victim B located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-do. The father left the land, and thus, he/she would immediately repay the loan company’s debt.

“The phrase “ was false.”

However, even if the Defendant borrowed the above money, he used it for the Internet gambling. The father of the Defendant did not intend to sell the land, and the Defendant did not have any intent or ability to repay the money even if he borrowed the money from the damaged party, such as he bears the obligation of the lending company at least 40 million won at the time.

As such, the Defendant, by deceiving the victim, was immediately transferred KRW 15,00,000 from the injured party.

B. On January 2016, the Defendant was a joint and several surety for his own loan obligations.

B In filing a false complaint with an investigative agency to the effect that “B signed by the joint guarantor column of the loan documents” in order to avoid its responsibility, B would not be considered, and the complaint would be lodged against B.

Recognizing a crime by stating to the purport that “I have committed a crime, I have drawn up a loan certificate to the effect that I have forged the joint and several surety column of the loan documents.”

Since then, B prepared a false complaint against the defendant in order to have the defendant punished by the public service center of the Seoul Gangnam Police Station located in Gangdong-gu Seoul Metropolitan Government on the same day.

The statement of the complaint is that "The signature of the joint guarantor column in Chapter 6 of the loan agreement prepared by the defendant is not written, so the signature of the joint guarantor column in Chapter 6 of the loan agreement shall be punished." The defendant has signed B in the joint guarantor column with the permission of the defendant B.

Nevertheless, B submitted a written complaint to the Seoul Gangnam Police Station after attaching the above loan certificate at the time of the above day, and later the complainant.

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