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(영문) 대구지방법원 2013.10.24 2012고단5300
사기등
Text

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

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

Reasons

Punishment of the crime

"2012 Highest 5300"

1. Fraud;

A. A. On October 14, 2010, the Defendant: (a) called the victim’s telephone to sell the house of Songpa-gu Seoul, Songpa-gu, Seoul, and to purchase a new house; (b) the Defendant paid the down payment to the victim; (c) he/she received the purchase price of the house from the Seo-gu, Seoul, and paid the down payment. However, the above D house was a house leased by the Defendant, not the Defendant, but the Defendant did not own a new house; and (d) the Defendant did not have the intent or ability to pay the loan even if he/she received the loan as a guarantor because he/she did not purchase a new house, and the Defendant, by deceiving the victim, received the loan of KRW 5 million from Dopocora on the same day; and (d) he/she received the loan of KRW 3 million from Dopoch Korea Co., Ltd.; and (e) he/she did not purchase the loan from 1 million and paid the loan to the victim with the purchase price of KRW 5 million in total after 800,000,000.

However, in fact, the above D's house was leased rather than the ownership of the defendant, and the defendant did not seek a new house, and even if the victim was established as a guarantor and received a loan, he did not have any intention or ability to repay the loan.

As such, the Defendant deceiving the victim and let the victim borrow the loan of Ariwon Co., Ltd., Ltd., Kido Kido, and (State) Kido, and (State) Kido, respectively, from the loan, and made a contract as a joint and several surety, and thereafter repaid the total amount of KRW 12 million.

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