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(영문) 대전지방법원 천안지원 2017.11.10 2017고단1807
사기
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On August 10, 2017, the Defendant was sentenced to imprisonment for a period of eight months in fraud in this court, and the above judgment became final and conclusive on September 11, 2017.

1. On October 20, 2015, the Defendant committed a crime on or around October 20, 2015, at the Dong-dong Office, 47, Dong-dong, 47, Dong-dong, Seocheon-gu, Seocheon-gu, Yan-gu, Seoul, about October 20, 2015, borrowed a loan under the husband’s name to the victim C, and changed joint and several sureties in the name of joint and several guarantors.

“.........”

However, the facts are that the Defendant did not have any special property, and the monthly income is only 1.5 million won, while the Defendant was unable to repay the debt of the several million won including the loan to the existing lending company, so even if the Defendant was given a loan with the joint guarantor, there was no intention or ability to repay the debt to the victim.

On October 22, 2015, the Defendant enticed the victim, and caused the victim to obtain financial benefits equivalent to the amount of the loan from the lending company, such as D loan and LAB LAB loan, with a joint and several guarantee of the total amount of KRW 8 million.

2. On November 2, 2015, the Defendant of the crime committed around November 2, 2015, at the Dong office of the said dispute settlement council around November 2, 2015, “A joint and several surety shall be changed only once, and a loan shall be repaid well.”

“A false representation was made.”

However, the defendant was given a loan in the name of the victim, and even if he was given a loan, he did not have the intent or ability to repay the debt to the victim.

The Defendant, by deceiving the victim as such, had the victim borrow 3.5 million won from E on the same day, and then transferred the loan from the victim to the Suhyup account in the name of the Defendant.

3. On September 9, 2016, the Defendant: (a) around September 9, 2016, at the same office in the Dong office of the instant dispute settlement council; and (b) at the same office, the Defendant: (c) provided the victim with the money to be repaid in advance; and (d) paid the money to the account in the name of the bank.

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