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(영문) 대전지방법원 천안지원 2018.07.12 2017고단1372 (1)
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On March 30, 2017, the Defendant was sentenced to a suspended sentence of two years for the crime of assault and bodily injury at the Daejeon District Court, which became final and conclusive on April 7, 2017.

[2] The Defendant and B obtained loans under the name of B, and made a joint and several surety to the victim C, and used the loans together, and the loans are not repaid.

On October 23, 2015, the Defendant had no money to conduct an operation by the victim by telephone.

When one receives a loan from his own name, he made a false statement that he would cause joint and several sureties. B received a loan from his own name, and B received a loan of KRW 12 million from his own name, from his own agricultural bank account (F) at the office located in Nam-gu, Nam-gu around November 6, 2015, KRW 3 million from the loan of the future Clody loan of the company, KRW 3 million from the loan of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company, KRW 3 million from the loan of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the Republic of Korea.

However, there was no fact that G was performed at that time by her mother, and the Defendant and B did not have any particular property or income at that time. As such, even if the Defendant and B were to act as joint and several surety, they did not have the intent or ability to repay the above loans worth KRW 12 million.

Around November 6, 2015, the Defendant and B conspiredd with the victim, and caused the victim to obtain a joint and several pecuniary benefit equivalent to 12 million won of the above loan that B borrowed at the home of the victim located in Boan-si, Boan-si.

Summary of Evidence

1. Protocol concerning the examination of suspect B by the prosecution;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Statement made by the police against C;

1. A written petition;

1. Loan transaction contract, loan guarantee contract, monetary consumption and borrowing contract, and joint and several guarantee contract;

1. Details of deposits and withdrawals from accounts under B;

1. A previous conviction in judgment:

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