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(영문) 대전지방법원 서산지원 2020.02.06 2019고단627
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

[Criminal Power] On August 27, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court on September 4, 2015, and the said judgment became final and conclusive on September 4, 2015.

【Criminal Facts】

1. On March 2013, 2013, at the victim C’s residence located in Seosan City, Sinsan-si around March 2013, the Defendant made a false statement to the effect that “The Defendant would obtain a loan from the victim at several places of a savings bank due to the need of urgent use, and the Defendant would not have a low credit rating and there is no ability to secure the loan. To obtain a loan, the Defendant would obtain a loan from the victim, so that the Defendant would not incur any damage by repaying the principal and interest of each month if the guarantor is required to obtain a guarantee, and would change the joint and several guarantee.”

However, at that time, the Defendant had to return KRW 80 million because he/she sold or sold D D dump trucks, which are means of living without any specific property, to another person, even if he/she did not transfer the name, and was unable to repay the unpaid amount of KRW 53 million with respect to the above vehicles. In addition, even if the Defendant provided the above vehicle as security to a third party, he/she did not have any intent or ability to repay each month loans even if he/she provided joint and several sureties to the victim.

On March 20, 2013, the Defendant had the victim obtain a loan of KRW 3 million from around March 20, 2013, and had the victim stand a joint and several surety, and did not pay the loan by subrogation to the victim on a total of eight occasions, as shown in the attached list of crimes.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.

2. On November 6, 2013, the criminal defendant shows a false lease contract that he/she voluntarily prepared to the victim C in the E parking lot located in Seosan-si, Seosan-si, and if he/she lends three million won, he/she is currently leasing three million won of the pre-loan and the loan amount of three million won.

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