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(영문) 서울북부지방법원 2018.03.30 2017고정2115
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 18, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny in Seoul Southern District Court for 8 months, and the judgment became final and conclusive on May 26, 2016.

1. On December 10, 2015, the defrauded made a false statement to the effect that “The Defendant calls from the Defendant’s mobile phone sales store operated by the Defendant in Sungnam-nam-si, to the victim D, and calls from the lending company to obtain a loan from the lending company, and the victim becomes a joint guarantor, and if the loan is implemented, then the victim will be deducted from the victim’s position as a joint guarantor by converting the victim into a cross-transfer loan to the second financial license after three months.”

However, in fact, the Defendant was urgently required to raise funds in order to raise a mutual agreement amount in criminal cases, and it was difficult for the bond company to borrow approximately KRW 8 million from the bond company to the extent that it was possible to borrow the bonds, and the Defendant did not find out whether it was possible to repay the loans to the second financial institutions. Therefore, there was no intention or ability to deduct the victim from the position of the joint guarantor.

On the same day, the defendant deceiving the victim as above and caused the victim to be a joint guarantor with respect to the amount of 6 million won who was loaned by the "MS AS AS AB L LA loan", the credit service provider, and around December 11, 2015, the defendant, who was a credit service provider, had a joint guarantor with respect to the amount of 6 million won who was granted a loan, respectively, in the "BS L LA LA loan" and the "BS LAS loan", as the credit service provider, acquired the financial profit equivalent to 18 million won in total.

2. On December 23, 2015, when the Defendant sent a telephone portable phone to the victim D at a mobile phone sales store operated by the Defendant in Sungnam-nam-si, the Defendant, on December 23, 2015, would be able to open to customers.

In other words, the defendant's hand phone sales store from January 2016 to February 2016, while one of the four telephone calls was opened normally from the victim, and the remaining three of them were kept for the victim.

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