(영문) 창원지방법원 2017.04.27 2016고단1857

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(영문) 창원지방법원 2017.04.27 2016고단1857

사기

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 18, 2015, the Defendant’s joint and several surety fraud concluded that “E” was “A” where the Defendant and the victim D worked in Seongbuk-gu, Changwon-si, Sungwon-si, Sungwon-si, Sung-si, and the victim D, and that “Around September 18, 2015, the Defendant would sell the land to which he/she owns, and would not put any disadvantage to capital by repaying the loan principal and interest of the lending company in return for the loan principal and interest of KRW 30 million.”

However, the Defendant planned to use 15 million won out of 30 million won for gambling and living expenses, and did not set the land owned by the Defendant in the real estate office. The Defendant did not have any property owned by the real estate office at the time, and even if he did not have any property owned by the card arrears amounting to 7 million won, he did not have any intent or ability to repay the loan even if he did not receive the loan with the victim as a joint guarantor.

Defendant deceiving the victim as above and caused the victim to borrow KRW 10 million from F, G, and H by the Defendant, respectively, at the Credit Business Company F, G, and H, thereby having the Defendant wear a joint and several surety, thereby acquiring a pecuniary benefit of KRW 30 million.

2. On November 5, 2015, the Defendant made a false statement to the victim by telephone, stating that “The Defendant would receive a loan of KRW 78,500,000 from the lender’s name and repay 30,000,000 to the lender the remainder of the loan to the lender, by inserting the money in the passbook in which he/she would increase the credit rating by inserting the money, and then to pay the money to the lender from the lender until February 2016.”

However, the defendant was expected to use his money for gambling, game and living expenses, and even if he borrowed money from the victim due to the absence of property, he did not have any intent or ability to pay the money.

The defendant deceivings the victim as above.

유사 판례

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