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(영문) 대구지방법원 포항지원 2018.02.08 2017고단1166
사기등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On March 2015, the Defendant: (a) the victim C entered the Kakao Kakao Stockholm message to the victim C; and (b) the Defendant, if he/she wishes to obtain a loan of KRW 65 million from a financial institution, a joint and several guarantor is required to obtain a loan from the financial institution.

The purpose of this study was to make a false statement to the effect that, after a two-month period, the debt will be changed by receiving a substitute loan, and that, at that time, the status of the joint and several surety will not have any problem since they will automatically withdraw.

However, the defendant does not receive a loan with a deposit but with an additional loan to repay his/her own loan, and even if he/she received a loan from a lending company after taking the victim as a joint guarantor, he/she did not have the intent or ability to repay the loan. In addition, the defendant did not have the intent or ability to have the victim omit the loan with a joint guarantor.

Nevertheless, the defendant deceiving the victim as above and caused the victim to be a joint guarantor on March 13, 2015, with the amount of KRW 10 million from the future loan to the Dispute Resolution Bank on March 13, 2015, the amount of KRW 10 million from the non-com loan to the Dispute Resolution Bank and the amount of KRW 10 million from the same day, the amount of KRW 10 million from the non-com loan to the Dispute Resolution Bank on the same day.

In the case of the LABB, the LABB LAD loan to KRW 10 million, KRW 7 million, KRW 7 million, KRW 7 million, KRW 7 million, KRW 7 million, KRW 7 million, KRW 7 million, and KRW 7 million, and KRW 7 million from the LAB LAD loan to the LABB, and KRW 7 million, in the case of a loan to the LABB LAD loan to the LABB, respectively, the LABC acquired financial profits equivalent to the amount of the above loan to the victim.

2. The Defendant was given a loan as above, but since August 2015, the Defendant did not pay interest on the above loan, and the said lending company’s demand for payment of interest was continued in the said lending company to the victim as a joint guarantor.

Accordingly, the defendant loans 65 million won in the name of the victim from the victim.

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