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(영문) 서울서부지방법원 2014.03.28 2014고단144
사기
Text

A defendant shall be punished by imprisonment for six 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

On September 16, 2011, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court for embezzlement, and the judgment was finalized on the 24th of the same month.

1. On September 11, 2009, the Defendant committed the crime of joint and several sureties 11, 2009, the following false words: (a) the Defendant did not properly obtain a loan of KRW 49,500,00 from the merchants' Dong in Daegu-gu, Daegu-gu, and (b) the Defendant did not have the intent or ability to repay the loan even if the Defendant was granted a loan from the Korea Federation under the joint and several sureties of the victims C; (c) the Defendant did not have the intent or ability to use the full amount of the loan to repay the loan to the victims; (d) even though the Defendant did not have the intent or ability to use the loan in full to repay the loan to the victims, the Defendant would obtain a loan of KRW 50,00,00 from the Korea Federation of Small and Medium Business, and (e) would use the full amount of the loan from the Korea Federation of Small and Medium Business to repay the loan of KRW 50,000,000 from September 25, 2011>

2. On January 18, 2010, the Defendant committed the crime related to joint and several sureties (hereinafter “Joint and Several sureties”) on the part of the Central Federation of Small and Medium Business under the victim’s joint and several sureties, the Defendant made a false statement to the victim that it would not cause damage by repaying the loan without the molding the joint and several sureties, even if he/she received a loan from the Korea Federation of Small and Medium Business under the victim’s joint and several sureties, and that it would make the victim pay for the loan amount of KRW 19 million on January 18, 2010, while he/she received a loan of KRW 19 million on or around January 25, 201, he/she did not pay the loan amount properly, thereby obtaining property profits equivalent to the above amount by making the victim subrogated the principal of the loan amount of KRW 19,00,000, interest1,967,670 in total, KRW 20,967,670.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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