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(영문) 부산지방법원 2018.07.12 2018고단1817
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[Criminal record] On February 12, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud at the Busan District Court on February 12, 2018, and the above judgment became final and conclusive on June 15, 2018.

[Criminal facts]

1. On April 22, 2015, the Defendant committed the crime: (a) at the D office located in Namwon-si C on April 22, 2015; and (b) the victim E “the operating funds to operate the business.”

The loan of KRW 10 million shall be paid with interest of KRW 3 percent per month on the Jeju-do, and shall be repaid until May 22, 2015.

I wish to put up the wife as the surety.

“A false representation was made.”

However, the defendant did not have obtained consent from the wife to the debt guarantee, and even if he borrowed money from the injured party, he did not have the intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received money of KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the defendant's mother-child.

2. On June 3, 2015, the Defendant committed the crime on June 3, 2015, at the place indicated in the preceding 1. Paragraph around June 3, 2015, and the victim’s “business operation funds” shall be mother and mother.

The 500,000,000 won is paid with interest of 3% per month on the Jeju loan, and shall be repaid until November 3, 2015, which is three months after the loan.

I wish to put up the wife as the surety.

“A false representation was made.”

However, the defendant did not have obtained consent from the wife to the debt guarantee, and even if he borrowed money from the injured party, he did not have the intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received 5 million won from the injured party to the Agricultural Cooperative Account under the name of the Defendant’s mother-child.

3. On August 15, 2015, the Defendant committed the crime on August 15, 2015, at the place indicated in the foregoing paragraph 1, and the victim’s “business operation funds” to the victim.

A loan of KRW 30 million shall be paid 3 percent interest per month on the Jeju-do-ro, and shall be repaid until August 15, 2016.

I wish to put up the wife as the surety.

“A false representation was made.”

However, the defendant did not have obtained the consent of the wife on the debt guarantee.

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