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(영문) 수원지방법원 안산지원 2016.06.28 2016고단452
사기
Text

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

Reasons

Punishment of the crime

1. On February 19, 2014, the Defendant is urgently required to pay taxes in arrears to the victim E at the D Co., Ltd. office in which the Defendant located at Sinsi-si around February 19, 2014.

The principal and interest shall be paid by selling the land in the name of friendship with the loan of money.

“False speech was made to the effect that it was “.”

However, the fact was that the Defendant was delinquent in paying taxes equivalent to KRW 54 million, and was liable for personal debts equivalent to KRW 16 million, and that there was no friendly agreement with the Defendant to dispose of the land in friendly name and to repay the Defendant’s obligations. The land did not exceed KRW 10 million in the status of disposal. Although the Defendant received benefits equivalent to KRW 2,300,000 per month, it was used in full to cover the interest, living expenses, etc., but did not have any other property, and there was no intention or ability to repay the borrowed money differently.

As such, the Defendant, by deceiving the victim, had the victim borrow KRW 16 million from the ‘Mo Capital Capital' on the same day, and received immediately money from the victim and received KRW 16 million from the victim as the borrowed money.

2. On March 2014, the Defendant: (a) at the foregoing office office around March 2014, the Defendant “it is necessary for the Defendant to pay taxes in arrears, and to receive loans from the lending company; and (b) joint and several sureties are needed

It is necessary to protect joint and several sureties from damage absolutely.

“False speech was made to the effect that it was “.”

However, the defendant did not have the intent or ability to repay the borrowed money as above.

On March 27, 2014, the Defendant: (a) by deceiving the victim; and (b) around March 27, 2014, the Defendant received a loan of KRW 3 million from the “T Posco loan”; (c) KRW 3 million from the “C YA loan”; and (d) obtained a joint and several guarantee and acquired a total of KRW 9 million pecuniary benefit.

3...

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