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(영문) 부산지방법원 동부지원 2016.01.05 2015고단1784
사기
Text

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

However, the execution of the above sentence 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 June 3, 2015, the Defendant committed fraud of KRW 48 million on June 3, 2015, concluded that on June 1, 2015, the Defendant made a false statement to the effect that “The Defendant, at the home of the Victim C (54) (54) of the Victim C) (503 Dong-dong 103, Nam-gu, Busan, on June 1, 2015, he/she had a pro rata relationship with the victim, who was aware of in society, requested joint and several sureties to obtain a loan of KRW 8 million. In the event of a loan, the Defendant’s joint and several sureties to ensure that the principal and interest shall not be at any time be paid.”

However, there is no property owned by the defendant at the time of fact, while there is no monthly income, while there is no obligation of 40 million won, there was no intention or ability to pay loans and interest in time, such as the above promise.

As a result, the Defendant, by deceiving the victim, had the victim obtain a loan of KRW 8 million from the "large-scale loan" on June 3, 2015, and had the defendant obtain a joint and several guarantee, as shown in the list of crimes in the attached Table, to obtain a joint and several guarantee of KRW 6,000,000 in total, as shown in the list of crimes in the attached Table. Ultimately, the victim obtained a monetary benefit equivalent to the same amount by having the borrower repay all of the loans.

2. On June 15, 2015, the Defendant, who committed the crime of fraud of KRW 1.5 million, committed on June 15, 2015, was not infinite on June 15, 2015, with the instant victim’s text message “Infinite, there is no money entering the Philippines now, and there is no money to enter the Republic of Korea. It is 1.5 million won as a loan to the Republic of Korea.

“A false statement” was made.

However, in fact, the defendant was in excess of his/her obligation as stated in the above Paragraph 1, and even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the money as agreed, because he/she was jointly and severally liable to compensate the damaged person for the loan amounting to 48 million won.

Accordingly, the defendant deceivings the victim, and 1,50,000 won from the Busan Bank account (D) in the name of the defendant on the same day from the victim.

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