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(영문) 서울남부지방법원 2017.04.13 2017고정284
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

As the Defendant was not able to receive a loan from a lending company, etc. solely due to the lack of credit rating due to bankruptcy exemption, B and the Defendant offered to have the loan divided by concluding a loan contract with a principal debt holder, a joint guarantor, and a joint guarantor.

On August 18, 2015, the Defendant called a loan examiner for the victim-based loan to "8 million won" and concluded a monetary consumption loan contract and joint and several guarantee contract with the victim-based loan examiner and repaid the loan in full after 60 months at the interest rate of 34.8% per month 20%. The Defendant signed the loan contract with the principal and the principal and the B as the joint and several guarantor.

However, in fact, the Defendant had the history of bankruptcy in July 2007, as well as other loan companies with a total of KRW 32 million per loan company, and there was no intention or ability to repay the above loan, because there were many other debts such as borrowing KRW 32 million per loan company, by deeming the above B to be a joint guarantor at the fourth place of other loan companies.

The Defendant, in collusion with B, was delivered KRW 7,98,50 to the corporate bank account (C) in the name of the Defendant on the same day by deceiving the victim as such, and received delivery from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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