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(영문) 부산지방법원 2016.06.30 2016고단1387
사기
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

2. Defendant B shall be punished by a fine of three million won.

Reasons

Punishment of the crime

1. Around September 4, 2014, Defendant A’s sole criminal defendant made a false statement to the effect that “The victim would have invested in a singing room or officetel, which is necessary to supply, and that the victim would be automatically discharged from the guarantor by paying all loans after three months.”

However, the Defendant did not have invested in singing or officetels, and was in the state of having been absent from the Internet sports gambling, and thus, even if the injured party is a guarantor with respect to the above loan obligation, he/she did not have any intent or ability to pay the above loan within three months to the injured party and to put the injured party into the guarantor.

As above, the Defendant: (a) by deceiving the victim and having the victim take a loan of KRW 3 million from E to acquiring property benefits equivalent to the same amount as joint surety; and (b) around that time to September 5, 2014, the Defendant acquired property benefits equivalent to KRW 21 million in total on seven occasions, such as the list of crimes in attached Form.

2. The Defendants committed a joint crime, instead of Defendant A, who had not repaid the money to the victim within the date on which they had already promised to borrow the money, provided that Defendant B had paid the money to the victim as if he had immediately repaid the money to the victim, and conspired to use the money in installments.

On May 29, 2015, the Defendants also talked that Defendant A’s work “G” mobile phone sales store working for Defendant A, who is located in the Busan Seo-gu, Busan, would use Defendant B’s debt to repay Defendant B’s debt to the victim. Defendant B borrowed money to the victim, and Defendant B borrowed KRW 10 million to the victim at present, and changed the name in the name of the wife as much as possible.

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