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(영문) 인천지방법원 2018.01.10 2017고단8096
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 2016, the Defendant owned the third floor building located in Seo-gu Incheon, Seo-gu, Incheon, to the victim C, a workplace partner, in a mutual influent restaurant located in the Seo-gu Incheon, Seo-gu, Incheon, and the tenant will move in the second floor.

In addition, 40 million won is required.

On the face of a joint and several guarantee that a loan of 40 million won is granted by a lending company, a loan will be repaid to a new lender as a deposit for lease on a deposit basis.

“Falsely speaking to the effect that it is “.......”

However, in fact, the Defendant was merely a lessee who resides in the first floor of the above building, and was not the owner of the above building, even if he borrowed money from the lending company, it did not think that it would be used for the return of security deposit, and the remainder would have been able to repay the existing debt equivalent to KRW 26 million with the loan received as above and would have been consumed as entertainment expenses, so otherwise, the Defendant did not have any intention or ability to jointly and severally pay the debt which the victim guaranteed.

Nevertheless, the Defendant deceiving the victim as above, and the Defendant added it to the written indictment from the Defendant around March 29, 2016, on the following grounds: (a) around March 29, 2016, the Defendant: (b) loan of the future e-mail; (c) loan of the Co., Ltd.; (d) loan of the e-mail; (e) loan of the e-mail; and (e) loan of the e-mail loan of the Co., Ltd.; and (e) on March 31, 2016, the loan of the e-mail loan of the Co., Ltd.

In borrowing KRW 40 million each total of KRW 8 million, the victim had the victim stand the joint and several surety for the defendant's 40 million obligation and acquired the financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of Acts and subordinate statutes governing debt certificates;

1. The grounds for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act relating to the pertinent criminal facts and Article 347(1) of the Criminal Act for the choice of punishment [the scope of recommending punishment] and the basic area (6 months from June to June) (the scope of punishment is less than KRW 100,000) [the sentence shall be sentenced].

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