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(영문) 수원지방법원 2018.04.06 2017고단4720
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 11, 2016, the Defendant’s joint and several liability fraud means that the “C” trade company located in C” B calls the victim D to receive money from the lending company, and the joint and several liability guarantor is necessary.

For a joint and several guarantee for the borrowed money, all interest and principal shall be repaid at all times.

“A false statement” was made.

However, in fact, the Defendant, at the time, was absent from the Internet sports entertainment entertainment, was liable for financial rights equivalent to KRW 90 million, and among them, was in arrears with a debt equivalent to KRW 58 million, and the Defendant was thought to consume the loans received as joint and several surety by the victim, as well as the loans received from other loan companies, such as living expenses and gift expenses of the female living together, and thus, the victim did not have any intent or ability to repay the loans even if he/she had jointly and severally guaranteed them.

Nevertheless, the defendant, however, shall have the victim enter into a joint and several guarantee contract with the defendant's debt amounting to five million won in the same day, and the joint and several guarantee contract with the defendant's debt amounting to five million won in the case of the defendant's debt from the 14th day of the same month, respectively. The defendant was transferred the above loan amounting to five million won in total by each hour.

Accordingly, the Defendant acquired financial benefits equivalent to the above loan amount.

2. The same year for the fraud of a loan;

2. 17. A telephone call to the victim at the place described in the foregoing paragraph 1, “The interest of 34.9% per annum shall be repaid on the 25th day of each month on the 20th day of August, 2016, and the principal shall be repaid until August 17, 2016.

“A false statement” was made.

However, in fact, even if the defendant borrowed money from the damaged person in the same situation as the above paragraph 1, he did not have any intent or ability to pay the principal.

Nevertheless, the defendant received 5 million won from the injured party to the account of the company bank (Account Number: E) in the name of the defendant on the following day as the borrowed money.

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