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(영문) 서울북부지방법원 2015.01.29 2014고단3091
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

As a chain relationship, the Defendants conspired to receive a guarantee to obtain a loan under the name of Defendant A to the victim-friendly arrested victim D, or to obtain a loan under the name of the victim by means of borrowing the money.

1. On December 10, 2012, Defendant A called the victim at his own house located in Dobong-gu Seoul Metropolitan Government E-B 7 B02, Defendant A made a false statement to the effect that “I wish to obtain a loan due to the need for surgery by the mother of women-friendly B. It would not cause damage by repaying the loan within three months.” Defendant B made an explanation of the method of preparing a guarantee document by phone call to the victim.

However, the mother of Defendant B did not have to undergo an surgery, and the Defendants thought to repay the existing loans with the loan, and the Defendants did not have the intent or ability to repay the loan even if the victims did not have any particular property, because they did not have any specific property.

On the same day, the Defendants had the victim obtain 3,00,000,000 won from the Defendant Cho C&C loan, 3,900,000,000 won from the KNan Savings Bank, 3,000,000 won from the KNan Savings Bank, 3,000,000 won from the KNan Loan Limited Company, and 3,90,000,000 won from the Sejong Savings Bank, and 3,00,000,000 won from the F loan, respectively, to submit the documents of guarantee to the above companies by facsimile, and have the Defendant B provide the joint and several sureties for the above loan debt of the Defendant B.

As a result, the Defendants conspired to induce the victim to acquire the same amount of financial benefits.

2. On March 15, 2013, Defendant B called the victim at the home of the above Defendant A and borrowed the loan after obtaining the loan from the victim because the money to repay the loan is required.

Since then, loans have been granted for the future life theory.

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