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(영문) 부산지방법원 2015.07.16 2015고단340
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant did not have any other property or income, which is being paid monthly 1.7 million won at a security company working around August 2013. Around January 2014, the above employment contract is terminated, including loans from a national bank, loans from a local government bank, loans from a local government and loans from a local government, KRW 15 million,00,000,000,000,000,000 won, and the principal and interest to be paid every month due to the existing obligation is more than KRW 80,000,000,000,000,0000,000 won.

1. On August 20, 2013, the Defendant: (a) called the victim C by telephone from the Busan Franchiscison (hereinafter referred to as the “Seoul Franchiscon”); (b) obtained a loan due to the lack of money; and (c) made a false statement to the effect that the Defendant would not incur any damage by repaying the loan.

However, due to the above property situation, even if the victim was given a guarantee and borrowed a loan, it is not possible to engage in drinking, and there was no intention or ability to repay the loan.

The Defendant, by deceiving the victim as such, had the victim enter into a guarantee agreement, and had the victim obtain a loan of KRW 18 million in total from the Defendant’s loan of KRW 3 million on August 20, 2013, respectively, (3 million from September 24, 2013, and (3 million from the UN CCF Capital loan of KRW 3 million on September 24, 2013, and (4) on September 25, 2013.

2. On October 2013, the Defendant made a false statement to the victim C by phoneing to the victim C at the lower court’s lower court, and received a loan under the name of the victim, and made a false statement to the effect that the Defendant would repay the existing loan to the Defendant and change the debtor of the loan to the Defendant.

However, the facts are that even if the above property status obtains an additional loan under the name of the victim, the existing loan cannot be repaid, and the debtor is changed to the name of the defendant.

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