(영문) 서울중앙지방법원 2020.01.06 2019고단6327

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(영문) 서울중앙지방법원 2020.01.06 2019고단6327

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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is between victim B(Death around December 15, 2018) and private villages.

1. From the end of October 2016, the defrauded, around October 2016, the Defendant made a false statement to the effect that “A house owner intends to start a restaurant, and money is necessary.” The lending company seeks to obtain a loan from the lending company, but the joint and several liability will be reached on the date of repayment.” The Defendant made a false statement to the effect that “A loan shall be repaid without any problem on the repayment date.”

However, at that time, the defendant was trying to lend the loan to the so-called repayment of the existing debt, etc. due to the poor financial standing and the defendant did not think that he would use the loan to the restaurant start-up even if he was admitted to the victim as a joint guarantor.

Around October 27, 2016, the Defendant: (a) by deceiving the victim; and (b) had the victim take out loans of KRW 10 million from C Co., Ltd; and (c) KRW 8 million from D Co., Ltd. around October 28, 2016; (b) had the victim take out financial benefits equivalent to the above loans as joint and several suretys.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. Around December 22, 2016, the defrauded made a false statement to the effect that, by telephone on the part of the victim, the Defendant: “Around December 22, 2016, the Defendant made a false statement to the effect that the Defendant would have the Defendant repaid the loan to the victim on the date of repayment of the loan if the Defendant borrowed the loan from the financial institution without any money.”

However, at that time, the Defendant had no intention or ability to repay the borrowed amount as promised to the victim, because the Defendant had a large amount of debt and had a bad financial standing to lend the borrowed amount to the so-called repayment such as the repayment of the existing debt.

The Defendant, as above, was accused of the victim and was transferred KRW 668 million from the victim around December 22, 2016.

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