logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.04.21 2016고단8735
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 2014, the Defendant’s joint and several liability fraud calls from the victim B to the victim B, and “the mother requires money for surgery expenses and recovery of bad credit and obtains a loan from the lending company,” and the joint and several liability will be repaid at the face of the week.

Since joint and several sureties are formal suretiess, they said that they will not have any monetary damage.

However, at the time, the Defendant did not have any intent or ability to pay the amount even if he was established as a joint guarantor and received a loan, because there is no particular property and it is difficult for the Defendant to use it as a debt interest, Defendant’s living expenses, mother’s hospital expenses, etc. on the part of the Defendant.

Around October 17, 2014, the Defendant: (a) induced the victim as a joint guarantor; (b) obtained a loan of KRW 3 million from the social loan of the K&P p&P lending Co., Ltd. around October 17, 2014; (c) and (d) obtained a total of KRW 18 million from around that time to June 9, 2015, by allowing the victim to make a payment on behalf of the victim on a total of six occasions, such as the attached list of crimes (1).

2. Around October 2014, the Defendant made a statement to the effect that “The Defendant would repay a loan without a molding it, if he/she would have received a loan under four names, because he/she would not receive any money in need of credit recovery, and would have received a loan under four names.”

However, the defendant did not have the intention or ability to pay the money even if he borrowed the money from the injured party in a situation like Paragraph 1 at the time.

The defendant deceivings the victim as above, and he borrowed 3 million won from the damaged person on or around October 28, 2014 under the pretext of borrowing money from the injured person.

arrow