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(영문) 대구지방법원 서부지원 2018.09.05 2018고단566
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2015, the Defendant committed the fraud related to joint and several sureties-gu Office operated by the victim C in Daegu-gu, Daegu-gu, the Defendant made a false statement that “The Defendant would provide a loan to the loan company by providing a guarantee to the loan company due to the need of living costs, so that the Defendant would not incur any damage on the face of the loan company.”

However, in fact, at the time, the Defendant had a total of KRW 15 million loaned, and was an individual rehabilitation, the financial standing was not good, and the Defendant had expressed his intent to engage in sports discussions that are not living expenses with the loan from the lending company, and thus, the victimized person has a joint and several surety with the lending company.

The loan has no intention or ability to pay the loan normally.

The defendant, on November 18, 2015, caused the victim to do so.

In addition, from November 18, 2015 to March 21, 2016, the victim obtained a joint and several surety worth KRW 5 million and acquired a property benefit equivalent to the same amount by having the victim stand a joint and several surety for the amount of KRW 23 million in total five times from November 18, 2015 to March 21, 2016.

2. On March 14, 2016, the Defendant committed fraud related to the borrowed money: (a) around the point at which the agricultural cooperative was located in Seo-gu, Daegu-gu, Seo-gu, Seoul-gu, the Defendant made a false statement that the Defendant would lend money to the victim for living expenses after one month from the lending of money to the victim.

However, at the time, the Defendant did not have an intent or ability to pay money normally even if he borrowed money from the injured party, because he did not have good financial condition and thought that he would not borrow money from the injured party to do so, and therefore, he did not have an intent or ability to pay money normally.

The Defendant derived from receiving a remittance of KRW 1.5 million from the injured party around that time, and from March 14, 2016 to January 23, 2017, the Defendant was 1,250,000,000 from the injured party, i.e., [Attachment 2] list of crimes, from around March 14, 2016 to about four times.

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