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(영문) 부산지방법원 동부지원 2017.04.27 2016고단1858
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant around May 7, 2013, at the “D” restaurant operated by the Defendant in Busan Northern-gu, Busan, the Defendant requires a joint guarantor to the victim E who is a high school shop.

A false statement was made to the effect that "A joint and several surety may be repaid within three months."

However, in fact, the Defendant did not have any particular property and fixed income, and there was no economic difficulty in paying wages, shop rent, etc. to employees because of the poor records of restaurant business, and thus, there was no intention or ability to repay the loan obligations even if the Defendant received the loan from the lending company with the victim as a joint guarantor.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained a loan of KRW 10 million from a loan of Lone Star Co., Ltd.; (c) from a loan of KRW 10 million in the future of the Co., Ltd.; and (d) from a loan of KRW 10 million from a loan of KRW 3,000,000 from a loan of KRW 10,000 from a loan of the Co., Ltd.; and (c) had the victim obtain a joint and several guarantee for the above loan of KRW 30,000 from a loan of KRW 10

2. On September 11, 2013, the Defendant: (a) called the victim on the road in the vicinity; and (b) transferred the “D” restaurant operated by Busan Northern-gu C to F of the Busan Northern-gu; and (c) the cost of relocation is insufficient.

It is intended to pay money within one year from the lending of money.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant did not have any particular property or fixed income, and did not repay the above loan obligations because of the poor performance of restaurant business, as well as the economic difficulties such as the payment of wages, store rent, etc. to employees, etc., and thus, the Defendant cannot repay the money borrowed from the injured party to the existing debt rather than the cost of transferring the restaurant.

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