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(영문) 대전지방법원 천안지원 2017.09.07 2017고단768
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 14, 2012, the Defendant was sentenced to imprisonment for a violation of the Vocational Stability Act at the Busan District Court on February 14, 2012 and completed the execution of the said sentence at the port prison on March 1, 2015.

The Defendant is the victim D and the fourth degree of marriage, and the Defendant was living in the same Dongene in Green City for about 10 years, and came to talk again with the above D on March 21, 2016 at the funeral ceremony of the Defendant’s mother-friendly E.

1. On April 7, 2016, the Defendant: (a) told the victim’s house located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to request the victim to provide a guarantee for the victim’s joint and several guarantee; and (b) stated that the victim’s house “to prevent any damage incurred in obtaining a domestic loan.”

However, at the time, the Defendant did not have the intent or ability to repay the loan obligations even if he received a joint and several guarantee from the injured party because the Defendant assumed the obligation equivalent to KRW 160 million without any particular property or income.

Nevertheless, the Defendant made such a false statement to the victim and caused the victim to do so, which is KRW 7 million from the future loan of the Defendant (State), KRW 7 million from the (State), KRW 7 million from the non-com loan, and KRW 7 million from the (State), and KRW 5 million from the Internet loan.

The contract providing loans of KRW 7 million from Jin-ro to (ju), KRW 7 million from (ju), and KRW 7 million from (ju) from Jin-ro to (ju), and KRW 35 million from (ju), respectively, was jointly and severally guaranteed to obtain financial benefits equivalent to the above loan amount.

2. On April 27, 2016, the Defendant is obliged to pay corporate taxes to D in the vicinity of the above D’s workplace located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon on April 27, 2016.

By the end of the month, the loan should be settled, and the loan will be paid in the name of thener. The loan was referred to the purport that the loan will be repaid without a mold.

However, at the time, the defendant was liable for the debt amounting to KRW 200 million without any particular property or income, and it was thought that he would use the name D in order to prepare living expenses from the beginning.

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