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(영문) 부산지방법원 동부지원 2019.01.09 2018고단1973
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 17, 2014, the Defendant committed the crime related to the joint and several liability obligations, stating that “A victim B, who became aware of at least at the meeting of the bowling club, intends to obtain a loan by delayed payment of benefits due to the company circumstances, and, at the time of receiving a loan from a lending company, a joint and several liability is changed. Joint and several liability is automatically extinguished after three months, and even if a joint and several liability is paid in advance, it is not possible to pay for the obligation by subrogation even if a joint and several liability is paid.”

However, there was no ground for the joint and several guarantee of the lending company to automatically extinguish the loan after three months. At the time, the defendant did not have any particular property or income, while at the time, the defendant committed a debt amounting to 40 million won, and the defendant's monthly income did not have any money remaining when the principal and interest of the existing debt and living expenses were disbursed with the monthly income of the defendant, and therefore, the victim did not have the intent or ability to repay the loan properly even if the joint and several guarantee was made.

Nevertheless, the Defendant, by deceiving the victim as above, caused the victim to borrow KRW 3,00,000 from Section C on the same day, and caused the victim to wear a joint and several surety. On June 18, 2014, when receiving a loan of KRW 3,00,000 from Section D in the same manner, the Defendant made the joint and several surety to take advantage of the property profits arising from the joint and several surety.

2. On April 3, 2017, the Defendant made a false statement to the victim stating that “The Defendant is running a business in the thm insurance company, but is not in need of insurance allowances, but is not in excess of KRW 50,000,000,000,000,000.”

However, in fact, the defendant thought to use money for online gambling from the victim, while the defendant did not have any particular property or income, the defendant has been liable for the debt amounting to KRW 70 million, and the defendant's monthly income is the principal and interest and living expenses.

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