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(영문) 부산지방법원 2017.10.17 2016고단3148
준사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. The Defendants’ quasi-Fraud joint crime committed by the Defendants, together with name-free loan hubs and D, knew that D’s credit offered by the loan hubs is low and that D is difficult to grant a loan from the lending company, and, upon obtaining a loan from the lending company, D intented to allow D to obtain a loan on the ground of victim E as the guarantor, and distribute the loan.

As above, in order for the injured to become the guarantor of D using the victim's intellectual disability in the third degree of mental disability in accordance with his name-free loan broker and flad with D as seen above, the Defendants introduced the Defendant B to the victim at the singing room in the terminal near the thought-gu Clock in Busan Metropolitan City, as well as the victim on January 2015, the Defendant A introduced the Defendant B to the victim at the music room near the Seocho bus terminal in Busan Metropolitan City, and made it possible for B to obtain the loan.

Defendant B, around January 19, 2015, led the victim to provide a loan guarantee in the name of D in the lending company to the victim.

However, even if the Defendant received a loan from the lending company on the ground that the victim is the guarantor, the Defendant did not have the intent or ability to grant the loan to the victim or to repay the loan.

Nevertheless, the Defendants, in collusion with the victim's mental and physical condition with the victim with a bropsy and D who is of physical disability in mental delay, had the victim obtain a total of KRW 3 million from F in the name of D, KRW 3 million from G, KRW 3 million from H, KRW 3 million from H, and KRW 3 million from I, and the victim obtain a registration of the victim as the guarantor, and acquired the above loan and the victim bear the obligation of guarantee equivalent to the same amount.

2. Defendant A’s quasi-Fraud alone;

A. On December 31, 2014, the Defendant was aware of the loan through deception at the Busan-dong-gu Busan-dong-gu Busan-dong branch.

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