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(영문) 서울동부지방법원 2021.02.05 2020고단2689
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, around February 4, 2015, at the C office located in Seocho-gu Seoul Metropolitan Government (Seoul) on February 4, 2015, there is a need to pay money to the victim D, a workplace volunteer, due to the mistake of making an investment.

In order to borrow KRW 30 million from a lending company, joint and several suretiess are different. It will be solved within 2 weeks.

“A false representation was made.”

However, at the time, the Defendant had a debt amounting to approximately KRW 140 million, and was much more than the monthly wage received every month, and the loan principal, living expenses were much more than the monthly wage. In addition, not only the situation where the Defendant borrowed money or prevented the Defendant from returning debts through credit card cash services, etc., but also there was no intention or ability to resolve the victim’s joint and several liability liability because the victim was able to obtain a loan with a joint and several guarantee and was able to use it as a gold repayment, stock investment, etc.

Nevertheless, on the same day, the Defendant borrowed KRW 30 million in total from five loan companies, including E, F, G, H, and I, Co., Ltd., Ltd., and had the victim stand joint and several surety for each of the above loans.

Accordingly, the defendant, by deceiving the victim, acquired a total of 30 million won property interest.

2. On June 12, 2015, the Defendant at the C Office located in Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu) around June 12, 2015, to the victim D, a workplace volunteer, “no longer than the debt received under the name of the Defendant,” is loans.

If a loan is made with a loan of KRW 50 million in four names, all debts in the amount may be repaid in the amount, and credit rating shall also be increased.

To do so, it will receive a loan again in the name of the domestic government after three weeks, and repay the amount of KRW 50,000,000 that a four-party loan received.

“A false representation was made.”

However, in fact, the defendant did not use the money for the repayment of the existing loan when the injured party received the loan, and only he thought that he will invest in the shares.

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