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(영문) 창원지방법원 2017.05.30 2016고단4518
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 2013, 2013, the Defendant concluded that “The Defendant would repay the face-to-face loan to the lender D without fail, in preparation for a university registration fee and personal use of money within the C Office located in the Gu, Changwon-si, Changwon-si, Seoul, the Defendant would make a false statement that “The Defendant would pay the face-to-face loan to the lender without fail, in preparation for a personal use of money.”

However, the defendant did not have the intention or ability to repay the loan without fail due to the lack of certain income or assets specially owned by him/her at the time.

Nevertheless, on February 20, 2013, the Defendant borrowed KRW 12 million in total from 3 million each of the loan extended to Dan Syn Syn Synish loan Co., Ltd., Ltd., Dan Lynish loan and E, respectively, around February 20, 2013. On August 29, 2013, the Defendant borrowed KRW 3 million from Eynish Lynish loan to Ganish Lynish Co., Ltd., the Defendant had the victim jointly and severally and severally guaranteed the above loan obligation, thereby obtaining financial benefits equivalent to KRW 15 million in total.

2. The Defendant, within the above C office around November 2013, stated, “A private loan interest rate of KRW 15 million shall be paid in full by including up to one month prior to the payment of the amount of the guarantee, if he/she borrowed to a private loan interest holder who borrowed the loan amount of KRW 15 million.”

However, the defendant did not have any intent or ability to repay money even if he borrowed money from the damaged party due to a large amount of debt at the time and there was no certain income or property specially owned by him.

Nevertheless, on November 25, 2013, the Defendant: (a) by deceiving the victim as above; (b) received the money of KRW 13 million from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant on November 25, 2013; and (c) borrowed money of KRW 18,198,800 through 12 times in total as shown in the crime list by October 15, 2014, as shown in the attached crime list.

Summary of Evidence

The prosecutor's office and the police interrogation protocol (D.) concerning the defendant's statement in the court.

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