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(영문) 광주지방법원 2016.12.21 2016고단3844
사기
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

On July 21, 2016, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Gwangju District Court on July 21, 2016, and the judgment became final and conclusive on July 29, 2016.

1. "2016 Highest 3844";

A. A. Around August 24, 2015, the Defendant took an attitude that “Around August 24, 2015, the Defendant sent phone to the victim C at a place where it is difficult to identify the location of the Young-gu, Young-gu, Young-gu, Young-gu, Seoul, and agreed that “D shall pay KRW 15 million in borrowed money to D, and it is necessary to pay KRW 25 million with business funds, but it would be repaid at the soon as possible if the Defendant borrowed the loan.”

However, at the time of fact, the Defendant requested the victim to lend money from E to repay the money borrowed from E, and the amount of personal debt exceeds KRW 40 million, while there was no particular property or income, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victim due to no particular property or income.

The Defendant received KRW 37 million from the victim to the bank account in the name of E on August 24, 2015, and KRW 3.6 million from September 1, 2016, respectively, and received KRW 40.6 million from the victim.

Accordingly, the defendant was given property by deceiving the victim.

B. On August 2015, the Defendant, at a car page where it is difficult to know the trade name in Osan-si, sent money top, and first agreed on the joint and several guarantee so that F can obtain a loan. On the other hand, F would repay the money that it borrowed with the money that it received, and remove the joint and several guarantee so that it would not cause any damage to the joint and several guarantee. In the case of a joint and several guarantee, it appears that F would pay the money that it borrowed to the victim in the name of another person, and would not cause any damage to the victim by repaying the loan in the name of another person.

However, at the time of fact, the defendant is unable to repay F's loans due to the lack of any particular property and income.

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