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(영문) 광주지방법원 2015.09.10 2015고정1095
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000 (O million).

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

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On May 15, 2013, the Defendant made a false statement to the victim that “I wish to obtain a loan due to lack of hospital expenses,” at the F Office located in Seo-gu, Busan, Seo-gu, Seoul, “I will repay the loan on the face of a letter of joint and several sureties.”

However, in fact, while the Defendant did not have any specific assets at the time, the Defendant did not have a debt of nine million won in the lending company, and each month revenue was 16 million won, but there was a shortage in living expenses and interest rates, and thus, the Defendant did not have any intent or ability to repay the loan obligations even if the Defendant entered into a joint and several surety contract for the Defendant.

On the same day, the defendant had the victim obtain re-interest equivalent to the same amount of money by having the victim stand a joint and several surety for the defendant's loans to Cho Cred Loan Co., Ltd.

B. Around August 27, 2013, the Defendant made a false statement to the victim that “I wish to obtain a loan due to lack of room costs, and will repay the face-to-face loan with joint and several sureties,” at the above F Office.

However, the defendant did not have the intent or ability to repay the loan obligation even if he had the victim conclude a joint and several surety contract on behalf of the defendant as described in paragraph 1(a).

On the same day, the defendant had the victim stand a joint and several surety with respect to the defendant's money loan to 3 million won on the same day, thereby acquiring financial benefits equivalent to the same amount.

C. On November 5, 2013, the Defendant made a false statement to the victim that “A person who wishes to obtain a loan due to lack of room costs, and who will receive a joint and several guarantee shall repay the face-to-face loan,” at the above F Office.

However, the defendant has the victim conclude a joint and several guarantee contract for the defendant, such as the statement in paragraph (1).

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