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(영문) 부산지방법원 2015.01.15 2014고정4968
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2012, the Defendant made a false statement to the effect that “A” office in the “C” office of the Defendant’s operation of the Defendant located in the Busan Northern-gu, which came to know through the Internet game to the victim D who intends to obtain a loan for the business of dental laboratories operated as E and the same business is necessary. The amount of the loan to which the Defendant is a guarantor is to be repaid as soon as possible. The amount of the loan to which the Defendant is a guarantor is to be repaid as soon as possible. Since the dental laboratory is operated under the joint name, the Defendant is able to know about and request the guarantee.”

However, in fact, the Defendant was at the time of lending 23 million won from credit card loans, such as credit card cards, 1SK cards, and lot cards, and 7 million won from credit card holders with no name, and 5 million won from loan loans, and was given loans as above in mind of repayment of the above debts. From May 2012 to October 2012, E and dental laboratories were operated as a partnership business, but there was no profit remaining after excluding office operating expenses from office operating expenses until October 2012, the Defendant did not have any intention or ability to pay the loan to the victim even if the victim had a joint and several surety for the Defendant’s loan obligations, since there was no house owned by the Defendant.

Nevertheless, on November 2, 2012, the Defendant, by deceiving the victim as above, had the victim take a joint and several liability for the Defendant’s loan obligation amounting to KRW 10 million from the Sejong Savings Bank, KRW 10 million from the Hyundai Savings Bank, KRW 10 million from the Yudo Savings Bank, and KRW 30 million from the Undo Savings Bank, and did not repay it, thereby having the victim take a responsibility for subrogation of the above loan obligation, thereby having the victim obtain pecuniary profit equivalent to KRW 30 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (person for reference E telephone conversations), an investigation report (including CD attachment and CD), an investigation report (the balance of the loan);

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