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(영문) 수원지방법원 2019.11.28 2018고단4588
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant and the Victim B, “2018 Godan4588,” are between the Defendant and the Victim B, which came to their knowledge at the church around January 2016.

1. On March 2016, the Defendant made a false statement to the effect that “Around early March 2016, the Defendant: (a) at the Diplomatic Association located in Suwon-si, Suwon-si, 2016, the Defendant was seeking to obtain a vehicle loan from the victim; (b) the interest rate is high; (c) a guarantor is needed to obtain a loan to which low interest rate is applied. It is necessary to only the name of the joint and several sureties, who is not the general joint and several sureties, and who does not remain in the computer record, the Defendant would not have the victim even if he did not pay the money.”

However, the victim's quasi-guarantee was a common joint and several surety, and at the time, the defendant did not have any particular property or income, and the credit rating was not good, but there was no intention or ability to repay even if the victim was established as a joint and several surety and received a loan as a joint and several surety because economic circumstances such as the amount of KRW 10 million for automobile loans and there was no other personal debt.

Nevertheless, around March 8, 2016, the Defendant received a loan from five lending businesses, including E, F, G, H, and I, in the name of the Defendant, each of five million won. As above, the Defendant deceptioned the victim, thereby allowing the victim to sign a joint and several guarantee and obtained a total of twenty-five million won loan from the victim.

2. On April 2016, at the same place around the beginning of April 2016, the Defendant: (a) borrowed KRW 90,000,000 from the second financial right to loan to the said victim at a savings bank with a lower interest rate than that of the former lending company; and (b) the remainder of the loans paid KRW 25,00,000,000,000, which had been deposited in the passbook in the name of the head of the bank; and (c) if the credit rating of the said victim increased after having deposited the passbook in the name of the head of the bank; and (d) obtained a loan under the name of four to repay all of the loans.

At this time, another person receives a loan, and the width has done it before.

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