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(영문) 의정부지방법원 2017.06.22 2016고단5344
사기
Text

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

1. On August 2015, the Defendant’s joint and several sureties fraud is a Da located in Pyeongtaek-gun, Gyeonggi-gun, Gyeonggi-do, with the victim E, a workplace partner, “A loan is provided in the future because his/her father’s business funds are required, and his/her punishment is changed. A joint and several sureties will not be damaged by having repaid the loan well.

“.....”

However, the Defendant was thought to have received additional loans and used to repay the Defendant’s existing debts, not the father’s business funds, and there was an existing loan and bonds up to KRW 28 million among the absence of other assets at the time, and there was little intention or ability to fully repay the loan principal, since there was almost no balance between the repayment of the existing debts and the payment of living expenses in the amount equivalent to KRW 1.6 million per month.

Around August 28, 2015, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to obtain a loan of KRW 3 million from F; and (c) KRW 3 million from G to obtain a joint and several guarantee; and (b) obtained a total of KRW 6 million property interest.

2. The Defendant, at the place indicated in the foregoing paragraph 1 as of September 2015, 2015, borrowed money, “The father’s business funds need to be added and the punishment is given to the victim E and borrowed money. The Defendant would pay the borrowed money directly to the lending company every month.

“.....”

However, in fact, the Defendant was thought to use the Defendant’s existing debt repayment rather than his father’s business fund by lending money from the damaged party, and there was an existing loan and corporate bonds worth approximately KRW 28 million from among the absence of other property at the time, and there was little difference in paying the existing debt in installments and paying the living expenses with the benefit of KRW 1.6 million per month. Therefore, there was no intention or ability to repay the principal and interest that the Defendant received in the name of the injured party.

The defendant deceivings the victim as above and belongs to it.

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