(영문) 춘천지방법원 강릉지원 2019.08.22 2018고단1021

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(영문) 춘천지방법원 강릉지원 2019.08.22 2018고단1021

사기

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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On November 23, 2017, the Defendant was sentenced to imprisonment with prison labor for six months for fraud, etc. in the Daejeon District Court Branch of the Daejeon District Court on December 1, 2017 and the judgment became final and conclusive on December 1, 2017.

【Criminal Facts】

On November 2014, the Defendant made a false statement to the effect that “C” restaurant “C” located in C, which was called “C”, “I wish to operate the business, such as raising funds,” obtained loans under the name of a good credit, and repaid the funds together with the Defendant. And, the Defendant requested E, who is related to the need of the guarantor, to do so, to have the joint and several sureties.”

However, in fact, the defendant, after receiving the loan, only thought to use the paper alone, and did not have the intention or ability to repay the loan while proceeding with D with the use of the loan.

Nevertheless, on November 24, 2014, the Defendant: (a) sought the victim E and had the victim deliver the said Defendant’s horse; (b) caused the victim to enter into a loan agreement with the Defendant’s “F company; (c) KRW 3 million loan agreement with the “H company; (d) KRW 3 million loan agreement with the “H company”; (c) one million loan agreement with the “I company”; (d) three million loan agreement with the “J company”; and (e) joint and several surety with the “J company” on November 25, 2014; and (e) caused the victim to enter into a joint and several loan agreement with the “J company; (e) KRW 15 million loan agreement with the said five lending companies.

In the end, the Defendant had D, who is unaware of the circumstances, deceiving the victim, thereby having the victim bear the joint and several liability amounting to KRW 15 million, and acquired pecuniary profits equivalent to that amount.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or D;

1. Each police statement to E and K;

1. Statement of comparison of deposits and withdrawal, and detailed statement of deposit transactions;

1. Each joint and several guarantee contract, each transaction ledger, loan guarantee contract, and letter of loan guarantee;

1. A investigation report (verification of accounts borrowed by A) and detailed statement of deposit transactions;

1. Judgment.

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