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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
"2015 Highest 2736"
1. Fraud;
A. On July 10, 2010, the Defendant stated that, within the E working period of the victim D in Kimhae-si, the Defendant would have to obtain a loan of KRW 20 million from the future Cradit because of the need for funds as a corporate construction relationship, and that, on the face of the joint and several surety, the Defendant would not cause any problem by paying a loan without a molding it within three months.
However, in fact, the Defendant was unable to pay personnel expenses, etc. due to the aggravation of the financial condition of the F (State) that was operated by the Defendant at the time of the operation of the Defendant. In addition, even if the Defendant had a joint and several surety for the above 20 million won loan, the Defendant did not have any intent or ability to repay the said loan even if the Defendant had a joint and several surety for the said 20 million won loan.
The defendant deceivings the victim as above and caused the victim to stand a joint and several surety for the above loan, and was loaned 20 million won from the next Cradit.
In this respect, the defendant had taken advantage of property by deceiving others.
B. The Defendant, within the above E on August 2, 2010, stated that “If the Neigre took out a loan from No. 1 to No. 30 million won because there are considerable interest on the future cryd loan, the Defendant would repay the existing future cryd loan and use the remainder as the company’s funds.”
However, in fact, the Defendant was planned to use the company’s operating fund due to the aggravation of the financial situation of the F (State) which was operated by the Defendant, as the corporation did not properly pay personnel expenses, etc., and thus, the Defendant did not have any intent or ability to repay the future Cret loans.
The defendant deceivings the victim as above and was given KRW 30 million on the same day from the victim.
Accordingly, the defendant was given property by deceiving others.
2. The Defendant of a private document shall be subject to No. 1.