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(영문) 대전지방법원 2016.07.22 2016고단839
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 Nov. 1, 2013, the Defendant made a false statement to the victim C, who is a branch in the Dong-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju, stating that “I would receive a loan due to urgent need for funds, and will receive a refund loan and make a repayment of the loan to prevent damage.”

However, the defendant had no specific property at around that time while he was liable for the amount equivalent to 37 million won. Therefore, even if the victim received a loan with joint and several sureties, he/she did not have the intent or ability to repay the loan more than 3 months and to exempt the victim from the joint and several liability.

On November 8, 2013, the Defendant, by deceiving the victim as such, entered into a loan agreement with the Defendant for the loans of KRW 18 million in total (3 million in total from the (ju), the (ju), the (ju), the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the (ju), the (ju), the (ju) the net loan of the loan of the loan of the loan of the loan of the loan of the loan of the three million won, and then the victim shall be liable to the joint guarantor for the above loan of the loan of the loan of the above amount.

2. On March 21, 2014, the Defendant made a false statement to the victim C, stating that “The Defendant would guarantee the principal if he/she lends the E program to the victim C with money from KRW 10 to KRW 5 million per day on a day after a day, and then would benefit from KRW 100 to KRW 15 million per month.”

However, the Defendant had no particular property at around that time while bearing the obligation equivalent to KRW 37 million, and did not believe the effect of the soil program. Therefore, even if the Defendant borrowed the said money from the injured party, there was no intention or ability to repay the said money by adding up the agreed profit.

The defendant deceivings the victim as such and belongs to it, which is KRW 20 million around the time of the damage.

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