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(영문) 수원지방법원 안산지원 2013.05.24 2012고단2838
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

In fact, the Defendant did not have taken an abstract cancer, but was residing in a rental apartment with a deposit of KRW 15 million, but the monthly rent and water rate were in arrears. Since the contract period was around September 2013, the Defendant could not immediately receive the said deposit. Although he was paid a monthly wage of KRW 1,40,000,000 per month while working in C (State) around 2011, the Defendant was obliged to pay approximately KRW 23,000,000 per month the monthly loan interest, and even if she borrowed money from others, she was unaware of the ability to pay the money, and she was unaware of the victim D and she was willing to borrow money from the victim.

1. On March 22, 2011, the Defendant stated that “In the State Office of Seodaemun-gu Seoul, Seodaemun-gu, the Defendant would make sure that “In order to obtain a loan from a lending company, the Defendant would not cause damage by repaying the loan in full until the end of October 2011, and that “In order to obtain a loan from a lending company, the Defendant would have paid the loan to the victim D.”

However, there was no intention or ability to repay the loan even if the borrower borrowed money from the lending company with the guarantee of the victim.

Nevertheless, the Defendant, by deceiving the victim as such, caused the victim to provide a guarantee in the case of a loan from the Labor-Management Press on the same day, and failed to repay the loan amount of KRW 4 million, thereby obtaining pecuniary benefits equivalent to the same amount.

2. On May 11, 201, the Defendant: (a) by deceiving the victim in the manner as referred to in the preceding paragraph at the above C’s office; and (b) caused the victim to provide a guarantee in the establishment and use of the said office on the same day; and (c) failed to obtain a loan of KRW 3 million; and (d) thereby obtaining pecuniary benefits equivalent to the same amount.

3. The Defendant, at the above state office on August 17, 2011, stated that “The Defendant shall perform an operation with dynasium from dynasium to dynasium. If the Defendant lends money to the Defendant in need of surgery, he will repay the money to the Defendant until October 201.”

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