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(영문) 대전지방법원 2018.02.20 2017고단2165
사기
Text

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

Reasons

Punishment of the crime

1. On November 2015, the Defendant made a false statement to the victim E, who served as a member of the accounting office at the Seongbuk-gu Daejeon Daejeon U.S. C and 1 Dong 204 (State) D office (State), stating that the Defendant would also cancel the status of the guarantor with respect to the obligations of the public official in the Republic of Korea under the name G, 30 million won from the Korea Technology Finance Corporation around January 2016, and that the Defendant would also cancel the status of the guarantor with respect to the obligations of the public official in the Republic of Korea.

However, in fact, the Defendant was merely seeking to obtain a new loan from the victim as a guarantor, and even if the victim was given a loan with the victim as a guarantor, the Defendant was liable for the Defendant’s debt at the time, and even if the amount is paid from the Korea Technology Credit Guarantee Fund, it was not a money that the Defendant would be able to use as a public fund for the purpose of paying the personal debt, etc., and there was no intention or ability to immediately repay the debt to the victim’s guarantee debt.

As such, on November 12, 2015, the Defendant: (a) induced the victim; (b) had the victim enter into a guarantee contract for the actual obligation of the Defendant under the name of F; (c) had the victim enter into a safe loan; (d) (e) the loan for the future Cret; (d) the loan for the (e) the (e.g.), and (e., the (e.) non-com loan for the (e.), and (e., the (e.) non-com loan for the (e., the State) non-com loan; and (g) obtained the pecuniary benefit equivalent to KRW 18 million each from the loan for the Korea (State).

2. On November 15, 2015, the Defendant made a false statement to the victim at the foregoing D office stating that “A loan of a lending company under the name of a lending company will be made by making a loan to the victim under the name of D D and D at a non-sured interest rate, and making a full repayment from the Korea Technology Credit Guarantee Fund around January 2016, on the face of a week.”

However, the facts are that the defendant was bad credit, such as the defendant's debt exceeds 4 billion won at the time, and the business is also proper.

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