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(영문) 창원지방법원 마산지원 2018.06.27 2018고단308
사기
Text

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

Reasons

Punishment of the crime

1. On June 15, 2015, the Defendant requires the victim’s money to be used for the convenience store operating funds in the victim D’s residence located in Tong Young-si, Tong Young-si.

A loan of KRW 30 million from 10 military units of a lending company shall be granted, and a joint and several surety shall be repaid without more than a loan on the face of a week and shall not be damaged.

“The phrase “ was false.”

However, at the time of fact, the Defendant did not have any intent or ability to repay the loan even if he received the loan, because it was not possible to lend the loan to the extent that the loan was not possible without a joint and several guarantee, and more than the operating revenue of the convenience store was spent, and the lease deposit amount of KRW 100 million was impossible to recover due to the insolvency of the owner of the building, and there was no other specific property.

As such, the Defendant, by deceiving the victim, had the victim obtain a loan of KRW 27 million from 9 places of the lending company by 3 million on the same day, and had the Defendant stand joint and several sureties; on June 17, 2015, the Defendant obtained a loan from the lending company, and had the Defendant obtain a joint and several sureties, thereby imposing a joint and several liability of KRW 30 million in total; from August 28, 2017 to August 30, 2017, the Defendant acquired a pecuniary benefit equivalent to KRW 24 million in total.

2. On November 1, 2016, the Defendant: (a) at the Defendant’s residence in Tong-si, Tong-si; (b) at the victim D’s phone, he/she fully repaid the loan borrowed prior to lending KRW 49 million to the victim; and (c) the remainder shall be used as the operating fund of convenience stores; and (d) the lent money shall be repaid within three months.

“The phrase “ was false.”

However, the defendant did not have the intention or ability to repay the loan even if he received the loan on the grounds of Paragraph 1.

As such, the Defendant, by deceiving the victim and deceiving him/her from the victim, shall be KRW 45 million on Nov. 4, 2016, and KRW 49 million on Nov. 25, 2016, in total, KRW 49 million on Nov. 25, 2016.

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