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(영문) 제주지방법원 2017.11.17 2017고단1729
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2015, the Defendant is obliged to enforce compulsory execution against the victim, who is a workplace partner, at the victim D's house located in the voice C Studio of Chungcheongbuk-gun on April 12, 2015.

In order to borrow money out of the party room, the joint and several sureties will be deducted from the guarantor and the loan will not be damaged by the full payment without molding three months later.

“A false representation was made.”

However, in fact, the defendant or his/her family did not own apartment, and the defendant or his/her family did not have any intention or ability to repay it even if he/she borrowed additional money under the joint and several guarantee of the victim because he/she has a debt of KRW 70 million in the second financial rights, etc.

Accordingly, on April 15, 2015, the Defendant, by deceiving the victim as above, caused the victim to obtain the financial benefits equivalent to the same amount by having the victim obtain a total of KRW 12 million from each of the departments of the New Li-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-U.S. In order to obtain a loan of KRW 3 million,00,000,000,000,000,000,000.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. Documents replyed to NE evaluation information;

1. A joint and several guarantee transaction contract, a certificate of full payment, a certificate of subrogation repayment (ASB loan), a joint and several guarantee contract (ASB loan), a certificate of subrogation payment, a certificate of evasion of guarantee (ASB loan), and a certificate of subrogation payment (BS loan) [a statement made by the victim's investigative agency and this court in the victim's investigative agency and this court in the victim's statement, namely, a statement that the defendant borrowed money from the victim because the apartment owned by the defendant is in the situation where the apartment owned by the defendant exceeds the auction, and a joint and several guarantee was made for the loan of 12 million won by demanding the victim to request the payment of money.

In the event of a loan after three months, it was said that the joint guarantor will be omitted.

At the time, the victim did not know whether the defendant bears the obligation in another place, and if so, he knew the fact of such obligation.

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