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(영문) 울산지방법원 2017.02.08 2016고단3581
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 30, 2015, the Defendant extended KRW 20 million to the victim C, each of the following amounts: “Around July 30, 2015, the Defendant is going to borrow KRW 20 million each from the Defendant’s capital loan to the victim C, i.e., a dispute over external villages and property, which requires urgent money due to attorney’s fees, etc.

The above loan made a false statement to the effect that the joint and several sureties will settle the joint and several sureties by receiving performance-based loans at the end of the year.

However, in fact, even if the defendant received piece rates at the end of the year, he thought that he will be used preferentially for the repayment of other obligations of the defendant. A total of KRW 250 million has been borne by the defendant, and most of the defendant's revenue was used for the repayment of interest and principal of the existing loan. Therefore, even if the victim jointly and severally guaranteed the defendant's loan obligation, he did not have the intention or ability to settle the joint and several guarantee by paying the loan.

Nevertheless, around July 30, 2015, the Defendant borrowed five million won from the employees in charge of the loan, Alley Dok-ro 416, Gangnam-gu, Seoul, Seoul, to enter into a joint and several guarantee contract with the above company, and on the same day, the Defendant borrowed five million won from the employees in charge of the loan from the K&P social loan located in 24-gil 76, Seoul, Seocho-gu, Seoul, to enter into a joint and several guarantee contract with the above company. On the same day, the Defendant borrowed five million won from the employees in charge of the K&P loan in 94, 50,000 won from the Seocho-gu, Seocho-gu, Seoul, to have the victim enter into a joint and several guarantee contract with the above company, and on the same day, five million won from the employees in charge of the D&P loan from the employees in charge of the K&P social loan located in 32,000,000 won from the Seocho-gu Seoul on the same day.

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