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(영문) 부산지방법원동부지원 2020.12.02 2019고단2422
사기
Text

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

Reasons

Punishment of the crime

The defendant and the victims are those who worked as infant care teachers at the "C" located in Suwon-gu Busan Metropolitan Government B.

1. On July 28, 2015, the Defendant made a false statement to the effect that “The Defendant against the victim D would obtain a loan from a few places of lending companies, and it is not good credit to obtain a loan from a lender, and thus, joint and several sureties are needed. There is no absolute damage to width, and a joint and several sureties will give five million won in return for the letter of joint and several sureties.”

However, at the time of fact, the Defendant, without any particular property, was liable for a debt of 20 million won or more, and the debt has been continuously increased without any defense of property status, so the victim did not have the intent or ability to pay the principal and interest even if he was liable for the joint and several liability.

The Defendant, by deceiving the victim as above, had the victim obtain economic benefits equivalent to the amount of money by allowing the victim to jointly and severally guarantee the debt amount of KRW 28 million to seven lending businesses, including (E) the same day.

2. Fraud against victim F;

A. A. Around June 9, 2016, the Defendant made a false statement to the effect that “Around June 9, 2016, the Defendant would have borrowed money from a lending company, with a high interest rate, to repay the loan to the victim at a cafeteria near the above childcare center.” The Defendant made a false statement to the effect that “Ne would have borrowed money from a lending company at a low interest rate, with a low interest rate, and then receive money from a lending company within six months after counting the credit rating at a low interest rate.”

However, at the time of fact, the Defendant, without any particular property, was liable for a debt of 30 million won or more, and the debt has been continuously increased without any defense of property status, and the said money was thought to be used for loan interest, payment, and living expenses, which are not the repayment of the principal and interest of the previous loan, and thus, from the victim.

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