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(영문) 부산지방법원 2017.01.12 2015고단7417
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On February 6, 2013, the criminal defendant against the victim B was found to have been guilty of the costs of directors. The defendant against the victim B was found to have been a director of the headquarters of D Production Headquarters 3 in Ansan-si, Seoul-si, Seoul-si, and the victim B.

When receiving a loan from a lending company, it is possible to pay money by applying for the interim settlement of retirement pay between 10,000,000,000.

“.......”

However, the Defendant received a loan from the lending company and used the loan as a director expense. The Defendant was thought to use the loan amount of approximately KRW 70 million for the repayment of the loan to the bond company, and there was no idea that the loan would have been settled by the interim settlement of the retirement allowances. Therefore, even if the Defendant received the loan from the lending company, he did not have the intent or ability to pay the loan as agreed even if he received the loan by the lending company.

As above, the defendant deceiving the victim and caused the victim to enter into a loan agreement with the defendant as the principal debtor, joint guarantor of the victim, and joint guarantor of the loan amount of four million won or more on the same day, and had the defendant enter into a loan agreement with the defendant as the principal debtor, joint guarantor of the victim, and joint guarantor of the loan amount of three million won or more with the loan agreement with the defendant as the principal debtor, the victim, the victim, and the loan amount of three million won or more, thereby obtaining a loan from the above loan company and acquiring the pecuniary profit equivalent to the security value from the victim.

2. On February 12, 2014, the Defendant against the victim E requires a simplified operation hospital cost to the victim E at the factory of the D Production Headquarters 3 located in Ansan-si (State).

When receiving a loan from a lending company, it is possible to pay money by applying for the interim settlement of retirement pay between 10,000,000,000.

“.......”

However, the Defendant received a loan from the lending company and received no plan to use the loan from the lending company for the hospital expenses, and the Defendant bears the debt of KRW 2,000,000 to the lending company and paid the loan to the lending company.

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