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(영문) 창원지방법원 통영지원 2018.07.05 2018고단402
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 15, 2014, the Defendant made a false statement to the victim E, who is a part of the workplace, at the D Hospital located in the Young-gu Busan Metropolitan City, Busan Metropolitan City (hereinafter “D”) with the victim E, who is a part of the workplace.”

However, the Defendant did not have any intent or ability to repay the debt even if the Defendant had the victim guarantee at least KRW 170,000,000 from the lending company, etc. at the time.

Nevertheless, the defendant borrowed KRW 5 million from the future loan of the KCAB and KRW 5 million from the Dong-U.S. loan of the KCAB and caused the victim to provide each guarantee, and obtained a total of KRW 10,000 won from the above loan companies and acquired it by fraud.

2. The Defendant shall not lend money to the said victim E at the hospital located in the Young-gu Busan Metropolitan City, Busan Metropolitan City, to the said victim E in the name of the lending company and financial institution.

If the loan is borrowed from the loan company in four names, the loan company will pay the loan company's money with the money and recover the credit and change the name of the loan debtor in its name after three months.

However, even if the Defendant has already borrowed the debt from the lending company and private financing amounting to KRW 170,000,000,000 from the damaged party, the Defendant did not change the name of the lending by restoring the credit and then did not have any intent or ability to repay the debt borrowed from the damaged party.

Nevertheless, from April 28, 2014 to May 24, 2014, the Defendant obtained a total of KRW 39,750,900 from the damaged person on eight occasions, as shown in the list of crimes in the attached Table, in the name of borrowed money, from the damaged person, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of deposits to be withdrawn;

1. Certificates of debts;

1. The joint and several guarantee contract;

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