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(영문) 전주지방법원 2019.10.01 2019고단1317
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 7, 2014, the Defendant borrowed KRW 27 million from the lending company under the joint and several sureties of the victim B, and thereafter borrowed money from the victim on January 6, 2014, the Defendant promised to repay the debt of KRW 27 million and to repay the debt of KRW 28.5 million to the victim by paying the debt of KRW 27 million and to repay the debt of KRW 28.5 million to the victim and paid the debt of KRW 27.5 million to the victim on January 7, 2014. However, the Defendant was unable to pay the debt of KRW 27.5 million from the victim because it was impossible to pay the debt of KRW 27.5 million after then, the Defendant was willing to obtain the loan by getting the victim joint and several sureties.

On January 1, 2015, the Defendant called the victim by phoneing the victim, and falsely stated to the effect that “A joint and several surety is loaned KRW 48 million from a credit business entity, and the victim would not incur a joint and several surety obligation by repaying the loan of KRW 48 million to the previous victim on the back of the tin month.”

However, in fact, the defendant was in an economically difficult condition, such as failure to pay wages to employees without any particular income at the time, so even if the victim bears the joint and several liability obligations of the defendant, he did not have the intent or ability to resolve the burden of joint and several liability by repaying it in

Around January 5, 2015, the Defendant had the victim pay 6 million won from C Co., Ltd. around January 6, 2015; 6 million won from D Co., Ltd. around January 6, 2015; 6 million won from E Co., Ltd. around January 6, 2015; 6 million won from F Co., Ltd. around January 6, 2015; 6 million won from G Co., Ltd. around January 6, 2015; 6 million won from H Co., Ltd. around January 6, 2015; 6 million won from H Co., Ltd. on January 6, 2015; 6 million won from D Co., Ltd. on January 6, 2015; 6 million won from J Co., Ltd. on January 6, 2015; and 6 million won from J Co. 6 million won on January 6, 2015.

This is the defendant.

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