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(영문) 서울북부지방법원 2017.08.17 2016고단5004
사기
Text

The punishment of defendants shall be six months.

Reasons

Punishment of the crime

around January 7, 2014, the Defendant: “Around January 7, 2014, at Dongjak-gu Seoul Metropolitan Government, intends to obtain a loan of KRW 30 million from the second financial right; and the surety needs to do so; and the Defendant also has to repay the amount of KRW 10 million previously borrowed.

In addition, the loan guarantee shall be repaid within two months even with the amount of money equivalent to KRW 100 million stored in the name of the corporation in the Department of Viewed Farmland on the face of the week.

“.....”

D beliefing that end, on January 8, 2014, 4 million won, etc. from DNA loans Co., Ltd., Ltd., from January 8, 2014 to January 13, 2014, the Defendant started to stand a joint and several surety for a total of KRW 30 million loans that he/she received from five lending companies.

However, as the defendant did not pay the loan, D repaid the principal and interest of KRW 32,937,829 on behalf of the defendant.

However, the Defendant did not have any right to receive the money because the Defendant did not have any right to receive the money, and even if he received a loan with a joint and several guarantee, he did not have any intent or ability to repay the money as promised to do so.

The defendant, by deceiving the victim D, obtained pecuniary benefits equivalent to KRW 32,937,829.

Summary of Evidence

1. Part of the defendant's oral statement;

1. A protocol concerning the examination of the accused by the prosecution (including D statements);

1. A protocol concerning the interrogation of the suspect against the defendant (including D statements);

1. Investigation report (Attachment of a certified copy of the E corporate registry), (Listening to the F Opinion of the E director), (Listening to the G Statements of the E representative director), (Access to the E representative director G Statements), (Confirmation of the E gold Keeping from a person in charge of ignified viewing),

1. Application of the submission of the current status of payment, such as charges;

1. Article 347 (1) of the Criminal Act (Article 347 of the Criminal Act) of the Act on Criminal facts;

1. Although the contents of the joint and several guarantee of this case are urged to pay money borrowed from the injured party prior to the instant joint and several guarantee and they were urged to pay the money for the purpose of keeping integrative viewing, the joint and several guarantee of this case shall be requested to pay the money.

there is no reference.

The defendant was under the jurisdiction of the defendant.

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