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(영문) 수원지방법원 평택지원 2021.01.12 2020고단1579
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant and the Victim B ( South, 49 years old) worked as a dong fee in the company called “D” together with C as a line and a post-ship.

On October 12, 2015, the Defendant rendered a loan to the victim before the “Seongdong (Seongdong) Public Health Center,” which is located in the Dong in the Gyeonggi-do (Seongdong), for the purpose of return on October 12, 2015, there is a difference in the guarantee of joint and several guarantors as it is necessary to have a joint and several guarantors. On that occasion, the Defendant shall pay the investment from the female-friendly E job’s female-friendly E job within 2 to 3 months, and if the Defendant fails to pay within the prescribed period, he/she shall sell the current Ne

“A false representation was made.”

However, in fact, the defendant did not intend to receive investment funds from E's female residents, and it was not a collateral value that he purchased using a set of money. Since the pawnban operated at the time was less than the security value, there was no intention or ability to pay the above loan within three months.

Ultimately, the Defendant, by deceiving the victim, had the victim jointly and severally guaranteed a joint guarantee, received a loan of KRW 6 million from the F Loan Enterprise on October 13, 2015, KRW 6 million from G Loan Enterprise on the 14th of the same month, KRW 6 million from H Loan Enterprise on the same day, KRW 6 million from the I Loan Enterprise on the same day, KRW 6 million from the I Loan Enterprise on the same day, KRW 6 million from the I Loan Enterprise on the same day, KRW 6 million from the J Loan Enterprise on the same day, KRW 10 million from the J Loan Enterprise on the same day, and 40 million from the five Loan Enterprise on the same day, and did not pay the above loan, thereby making the victim subrogated payment.

Accordingly, the Defendant, by deceiving the victim as above, acquired the pecuniary benefits equivalent to KRW 40 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol (two-time, replacement of the police) concerning suspect C of the police;

1. B The investigation report of the police statement statement report (Attachment to the separate public perusal), each loan guarantee contract, loan transaction agreement (for example, the analysis of telephone recording files submitted by the complainant), and loan transaction agreement with the complainant.

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