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(영문) 수원지방법원 안양지원 2016.11.18 2016고단794
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around April 9, 2014, the Defendant stated that “A victim E who had a relationship of interest within the D points in Ansan-si, the Defendant would be granted a loan by requiring the amount of KRW 18,00,000,000,000 to be agreed upon when he/she drinks a person, and would not incur any damage to width.”

However, the fact that the defendant's private agreement was not necessary in the situation, and the defendant has already borne a large amount of debts to the lending company, etc., so the victim had no intention or ability to prevent the victim from bearing the guaranteed debt by repaying the loan debt even though the victim has taken the guarantee.

Nevertheless, the defendant has caused the victim to guarantee the obligation equivalent to about 18 million won on behalf of the defendant, thereby acquiring property profits equivalent to the same amount.

2. On August 29, 2014, the Defendant borrowed money to the said victim by telephone to refund KRW 18 million to an existing lending business entity as a savings bank loan, the Defendant paid the principal and interest for each month, and received the maturity installment savings, and made a false statement to the said victim to repay without delay until the end of December 2014.

However, as mentioned in the above paragraph (1), the Defendant had no intention or ability to pay the money from the victim in excess of the obligation.

Nevertheless, the Defendant received 8 million won from the victim to the post office account in the name of the Defendant on the same day.

3. On December 17, 2014, the Defendant made a false statement to the above victim that “I would immediately pay the loan and use the money for living expenses as if he/she borrowed the money necessary to do so,” and that is, the Defendant’s payment of automobile tax on or around February 3, 2015, on the same day from the victim’s bank account in the name of the Defendant’s name on the same day, and on January 28, 2015, the Defendant’s mother bank account in the name of the Defendant’s mother, under the name of his/her parents living expenses, is KRW 1 million, and around February 3, 2015.

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