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(영문) 울산지방법원 2015.11.19 2014고단3230
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

The defendant shall pay 9,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On July 20, 2014, the Defendant told the victim B (Nam, 32 years of age) who became aware of his or her trade name at a drinking house with which it is difficult to know, “If it is necessary to obtain a loan due to the shortage of funds to obtain a house, the Defendant would make a house contract under the name of the victim and make a repayment of the loan while living together.”

However, even if the victim gets a joint and several guarantee loan, there was no idea that he/she will either make a lease contract or make a full payment of the loan under the victim's name.

Around July 21, 2014, the Defendant, by deceiving the victim as above, had the victim enter into a loan agreement with the principal debtor, the victim as joint and several sureties, respectively. The Defendant borrowed 9 million won in total from the above credit service test and took the pecuniary advantage of having the victim bear the joint and several liability of the amount of nine million won in total.

Summary of Evidence

1. The police statement concerning B;

1. Complaints, joint and several guarantee contracts, and loan transaction agreements;

1. Application of Acts and subordinate statutes to each investigation report, record, each record, each Kakao Stockholm text, written confirmation, and written confirmation of completion of each investigation report;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Articles 25 (1) and (2), and 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. The reason for sentencing of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Declaration of Provisional Execution [Scope of Recommendation] The basic area (6-100 million won or less) of the category 1 (6-100 million won or less) (6) [Pronouncement Decision] of the basic area (6-1 year or 6 months) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution is not only once a fine is sentenced but also the amount of

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