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(영문) 청주지방법원 2019.02.21 2018고단2824
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. A. Around January 2015, the Defendant made a false statement to the victim of D semiconductor Co., Ltd. (D semiconductor Co., Ltd.) stating, “The Defendant would receive additional loans to repay the existing debts, and would have the joint and several sureties exempted from the liability of the joint and several sureties.”

However, in fact, the defendant did not have any other income than KRW 3 million monthly income, and there is a need to pay approximately KRW 1,300,000 per month interest on personal debts, etc., and there was no intention or ability to pay the victim for additional loans as joint and several sureties, and the victim did not have any intention or ability to pay the loan after receiving the loan as joint and several sureties or to exempt the victim from the joint and several sureties.

As such, the Defendant deceptioned the victim, and caused the victim to do so, and caused the victim to do so, KRW 5 million that he/she borrowed from Company E on January 22, 2015, KRW 6 million that he/she borrowed from Company F on the same day, KRW 5 million that he/she borrowed from Company G on January 23, 2015, KRW 5 million that he/she borrowed from Company H on January 27, 2015, KRW 5 million that he/she borrowed from Company H on January 27, 2015, and KRW 5 million that he/she borrowed from Company I on January 27, 2015, and KRW 5 million that he/she borrowed from Company J on January 27, 2015.

Accordingly, the defendant, by deceiving the victim, had the victim bear the obligation of joint and several liability amounting to KRW 31 million, thereby acquiring property benefits equivalent to the same amount.

B. Around May 2015, the Defendant made a false statement to the Defendant that “The Defendant borrowed money from the Defendant with a jointly guaranteed loan obligation to the victim” from the D semiconductor Company in Yeongi-gu, Chungcheongnam-gu, Chungcheongnam-gu.

However, the facts are as follows: there is no particular income other than monthly income of 3.2 million won, and there is no interest on personal debts of 80 million won or more per month, and there is a need to pay 1.3 million or more per month, and if money occurs, it is in interest on existing loans, shopping expenses, travel expenses, and entertainment expenses.

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