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(영문) 인천지방법원 부천지원 2015.07.09 2015고단1313
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who operated the “B” and was running the business of the “D” company operated by the victim C.

On June 19, 2013, at the conference room of “B” operated by the Defendant, Yeongdeungpo-gu Seoul Metropolitan Government E and 202, the Defendant acquired the status of joint and several surety for the above loan if D has transferred the right to dispose of KRW 180 million borrowed from the Industrial Bank of Korea upon the acquisition of D Company, as guaranteed by the Korea Technology Finance Corporation.

However, on or around June 14, 2013, the Defendant had already applied for the replacement of the guarantor to the Korea Technology Finance Corporation, but it was requested by the Korea Technology Finance Corporation to return and supplement the loan, and there was no intention or ability to repay credit loans by changing the status of the joint and several surety from January 31, 201 to November 30, 201, and the economic situation of six employees of the said B from November 31, 201 to November 30, 2013, i.e., the total wages for the six employees of the said B 87,300,315 won has been significantly deteriorated. Therefore, even if the Defendant acquired the right to dispose of 180,000 won of the loan from the victim, the said joint and several surety did not have any intent or ability to repay credit loans by changing his/her name.

Accordingly, the Defendant deceivings the victim as above and acquired the right to dispose of the credit loans of KRW 180,000 from the Industrial Bank of Korea from the victim, thereby taking over the right to dispose of the loans of KRW 180,00.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement of the defendant (including the C's statement part);

1. Statement to C by the police;

1. The defendant did not deceiving the defendant while denying some facts charged. The complaint(including attached documents), each investigation report(including attached documents), the submission of civil petition documents (a statement of transaction by the technical evaluation (guarantee) and the account of the company issuing the receipt of the technical evaluation (Guarantee) and the bank account).

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