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(영문) 수원지방법원 2015.08.27 2015고단2243
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a member of the ACT Company in Sipo-si, Sipo-si, ACT company, and is a victim B's work bonus.

1. On June 18, 2012, the Defendant made a false statement to the Defendant that “The Defendant would receive retirement allowances from the company in the face of ScT Co., Ltd. to receive loans of KRW 15 million from the Free Savings Bank, so that the Defendant may obtain loans from the Defendant, thereby repaying loans within six months.”

However, the defendant bears 30 million won of the existing loan, and even if he/she receives such loan, he/she did not have the intent or ability to repay the loan within six months.

As above, when the Defendant deceivings the victim and let the victim do so, the Defendant would be liable for joint and several liability when the Defendant borrowed 15 million won with a maturity of June 18, 2015 and interest rate of 39% from the Hyundai Savings Bank, and the Defendant acquired financial benefits equivalent to the loan.

2. On October 2012, the Defendant made a false statement that “The Defendant would pay KRW 15 million to the Defendant a joint and several surety loan of KRW 10 million on the face of Seo-gu, Seo-gu, a joint and several surety loan of KRW 5 million from the Lone Star Loan to the Defendant, and KRW 5 million from the Lone Star Loan to the Defendant.”

However, the defendant bears 30 million won of the existing loan, and even if he receives such loan, he did not have the intention or ability to pay the loan normally.

As such, the Defendant, by deceiving the victim as such, had the victim take over the Defendant’s joint and several liability with a maturity of 39% on October 10, 2017, and KRW 5 million on October 24, 2017, and KRW 10 million on October 24, 2017, and KRW 39 million on October 24, 201, and KRW 5 million on the loan of Lone Star Capital Co., Ltd., and the Defendant acquired financial benefits equivalent to the above loan.

3. On January 10, 2014, the Defendant: (a) around January 10, 201, the Defendant extended loans to the On-site Savings Bank to the victim by the said ACT company.

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