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(영문) 부산지방법원 2018.04.12 2017고단2420 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From May 2014, the Defendant was working as an employee of the Busan Jin-gu C Hospital located in the Busan Jin-gu, Busan, and had been urged to pay the debt amounting to KRW 30 million from D prior to the towing, the Defendant was affiliated with the victim E, who is the partner of the Dong in the workplace, and had the victim jointly and severally as the guarantor, and had the victim used the loan to pay the above debt amount.

On March 2015, the Defendant want to look at the victim of the above C Hospital office in order to build the land with the mother’s thickness.

In order to obtain a loan, it is necessary to check the employment of the same workplace rent similar to the credit card issuance procedure in order to obtain the loan.

As a volunteer fee, the document should be destroyed at least three months after the date of signing the document, and the document should be destroyed."

However, in fact, the defendant did not have a plan to see the land at all, and did not have any money collected, and it was thought that the victim was a joint guarantor, instead of being confirmed by the victim, to use the land as a joint guarantor for the repayment of his/her obligation.

On April 1, 2015, the Defendant, at the office of the foregoing C Hospital, signed a joint and several surety document from the injured party at the end of the foregoing false statement, obtained a loan of 5 million won from DNA loan to the injured party as joint and several surety, and acquired a pecuniary profit equivalent to the amount of the loan from DK loan to the third party. From that time until March 21, 2016, the Defendant obtained a loan of 88,000,000 won in total from the joint and several suretys or principal bond holders and acquired a pecuniary profit equivalent to the amount of the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol by the police for E;

1. Materials attached to the complaint, documents related to loans, etc., cash consumption lending contract, each contract for joint and several sureties, respectively;

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