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(영문) 광주지방법원 2014.12.18 2014고단3850
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On October 10, 2013, the Defendant: (a) around 46,294,000, the Defendant was established with the Defendant’s debt owed to the lending enterprises, including CT Group Capital, as the surety; and (b) X-ray loan; (c) the Defendant was established with the Victim B as the surety; (d) the Defendant did not have any intent and ability to repay even if the Defendant was granted a loan from (d) X-IF loan; (d) the (e) the (e) the (e) the (e) the (

Nevertheless, around October 10, 2013, the Defendant made a false statement to the victim that “A joint and several guarantee system has been abolished and there is no damage due to the abolition of the joint and several guarantee system.”

As such, the Defendant, by deceiving the victim, had the victim sign and seal the amount of KRW 10 million from (ju) X-ray loan, KRW 10 million from (ju) 10,000,000 from (ju), KRW 7,000,000 from (ju) Pream loan, KRW 7,00,000 from (ju) Pream loan, and KRW 7,00,000,000 from (ju) Pream Capital loan, thereby having the victim sign and seal it as a joint guarantor, thereby having the victim bear the obligation of guarantee amounting to KRW 34,00,000.

2. On December 31, 2013, the Defendant had a debt owed to a lending company, such as Aju Capital, KRW 34 million, KRW 1.4 million borrowed from her natives, KRW 1.4 million, and KRW 20 million in the unpaid amount of goods with respect to a lot with respect to which the Defendant was working, and there is a need to pay KRW 2.45 million or more per month to the lending company as principal and interest, and thus, there was no intention or ability to complete payment even if the Defendant borrowed money from others.

Nevertheless, on December 31, 2013, when the Defendant received a loan from a lending company to a victim B, the Defendant paid the Defendant’s debt to the lending company and recovered credit with the Defendant, and then would receive a loan from the financial right and repaid the loan in two weeks thereafter, and the Defendant borrowed the amount of KRW 35 million from the lending company under the name of the victim to the agricultural bank passbook in the name of the Defendant.

Accordingly, the defendant deceivings the victim, and thereby, has a property interest of 69 million won.

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