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(영문) 부산지방법원 동부지원 2018.07.19 2018고단624
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant did not intend to change his position in the Company without any particular property, and even if he borrowed money from the victims B, he thought that it will be used for the purpose of paying the existing debts and living expenses, and there is no intention or ability to pay the money normally.

1. On March 2016, at the Kafin located in Busan, Busan, Busan, Inc., “A loan has been granted from the existing bank” to the victim, who is aware of the loan is too much interest on the loan, and at the same time, he/she intends to obtain a new loan from the loan company and repay the existing loan. He/she shall normally repay the loan interest within one year if he/she borrows the loan by obtaining a loan under his/her name.

The payment can also be repaid without problem because of the promotion from the company. It is false that the victim obtained a loan of the sum of KRW 45 million on March 22, 2016 from the victim to transfer it to the defendant around that time; and

2. On October 2016, at a restaurant located in Busan Shipping Daegu, the victim made a false representation that “to obtain additional loans of KRW 15 million to the victim in addition to the card price and living expenses,” and that the four joint and several sureties would not cause any damage by repaying the normal loan principle on the side of the week, thereby making the victim stand a joint and several surety under a loan contract of KRW 15 million in total on December 20, 2016, and ultimately by allowing the victim to fully repay the loan in full, thereby obtaining pecuniary gains equivalent to the relevant amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the details of each transaction and the certificate of full payment of loans to statutes;

1. The grounds for sentencing under Article 347(1) of the Criminal Act (the choice of imprisonment) (the scope of recommending punishment) (the scope of recommending punishment) (the scope of punishment shall be less than KRW 100 million) in the mitigation area (one month to one year) (the special mitigation person) (the special mitigation person) of the mitigation area.

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