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(영문) 서울서부지방법원 2016.02.03 2015고단240
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 became final and conclusive.

Reasons

Punishment of the crime

On February 10, 2015, the Defendant was sentenced to imprisonment with prison labor for at least six months in the Seoul Central District Court due to intrusion on buildings at night, larceny, etc., and the said judgment became final and conclusive on February 18, 2015.

1. Fraud related to joint and several guarantee;

A. On March 2013, the Defendant made a telephone call to the victim C on or around the beginning of the year, and is currently going to the GUD, and his/her parents have to prepare school expenses on their own because he/she did not assist.

It is expected that a loan company will receive a loan at this time, and the amount of the loan received will be repaid immediately after the following day.

If the repayment is made in such a sense, it is easy to obtain a loan for school expenses later because of the high credit rating in Korea.

At this time, the guarantor needs to obtain the loan, so that the guarantee is different, and at this time, the interest will be paid out, and the principal of the loan will be paid immediately.

He does not cause damage toponer.

"......"

However, the defendant did not have the intent or ability to immediately repay the loan to the lending company even if the victim was given a loan with the guarantor.

Ultimately, around March 27, 2013, the Defendant, as seen above, made the victim make a false statement, and caused the victim to borrow 3 million won from the future Credex loan, non-com loan, and Lresh loan, thereby having a joint and several guarantor acquire a total of KRW 9 million property interest.

B. On May 2013, the Defendant made a telephone call to the Defendant and repaid all of KRW 9 million loans borrowed from the Defendant to the Defendant.

Therefore, it is urgently needed to pay money, and it is also necessary to obtain a loan at this time.

The guarantee is required to receive a loan, so the guarantee is different, so that the principal and interest of the loan can be fully paid.

He does not cause damage toponer.

"......"

However, in fact, the Defendant did not have repaid KRW 9 million to the lending company.

In the end, it is eventually.

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