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(영문) 수원지방법원 여주지원 2017.09.26 2017고단849
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the difference between the victim E, victim F and the workplace club fee that the defendant came to know while working together at H located in E, E, E, and E, E.

1. Fraud to victims E (I before the opening of each name);

A. On July 2014, the Defendant bearing the joint and several liability obligation is required to have a guarantor to obtain money loans from the H logistics warehouse located in Isman-si G on July 2014, and the victim “on the present hand, the Defendant is required to have a guarantor obtain money loans.”

If the credit is lent, the name of the four shall be deducted immediately after three months.

The phrase “ makes a false statement.”

However, at the time, the Defendant was liable to pay 20 million won or more, and there was expenditure of 5 million won or more per month due to living expenses, family hospital expenses, etc., and was thought to prevent the lending of money from returning the existing debts from the lending company, and therefore, there was no intention or ability to change the lending from the lending company as a joint guarantor even if the victim was given a loan from the lending company.

Nevertheless, on July 1, 2014, the Defendant: (a) by deceiving the victim as above; and (b) around July 1, 2014, the victim, under the name of the Defendant, took out a loan of KRW 12 million from K in the name of the Defendant; and (c) around July 2, 2014, the Defendant had the Defendant take out a joint and several surety, thereby having the Defendant bear a debt equivalent to the said amount; and (d) having the Defendant obtain a pecuniary benefit equivalent to the said amount.

B. Around October 2014, the Defendant made a false statement to the effect that “Around October 6, 2014, the Defendant would obtain a loan under the four name from the victim at the same place as (a) around October 6, 2014, and would not cause damage to the victim by obtaining a loan under the four name.”

However, the defendant did not have any intent or ability to make any changes, even if he borrowed money from the injured party, since he exceeded his obligation like the above paragraph (a).

Nevertheless, the defendant deceiving the victim as above and caused the victim to borrow five million won from L around October 6, 2014 and five million won from M, and then received delivery from the victim.

(c)

On November 25, 2014, the Defendant of the borrowed money at around November 25, 2014 (Ga).

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