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(영문) 광주지방법원 2017.02.02 2016고단4934
사기
Text

Defendant

A Imprisonment for ten months, and Defendant B’s imprisonment for three months, respectively, and this decision is delivered to Defendant B.

Reasons

Punishment of the crime

1. Defendant A

A. A. On January 8, 2014, the Defendant against the victim E would lend a loan to the victim in the victim E’s residence located in the F1st floor in Gwangju Northern-gu, Seoul, with “Around January 8, 2014. On that hand, the Defendant would pay the principal when the repayment period has arrived after the payment period for the interest on the loan repayment period.

“A false statement” was made.

However, in the absence of any particular property or income, the Defendant did not have any intent or ability to repay the loan even if he/she borrowed the loan to the victim in bad credit standing due to the maximum amount of guarantee obligation, etc.

The Defendant was paid KRW 28,896,267 in total from the victims on nine occasions, such as the victim’s transfer of KRW 2,500,000 to the account in the name of G managed by the Defendant, etc. from around that time to June 17, 2016.

Accordingly, the defendant was given property by deceiving the victim.

B. On January 12, 2015, the Defendant: (a) around January 12, 2015, extended a loan to E under the name of husband in the said E’s residence; (b) on the one hand, the Defendant extended a four-month loan to her husband; and (c) on the other hand, the four-month loan to her four-month loan to her husband; and (d) the four-month loan to her four-month loan to her husband; and (e) there is no damage due to

“A false statement,” and the above E sent the Defendant’s above statement to the Victim H.

However, in fact, the defendant was thought to have the victim join as a joint guarantor, and in the absence of any property or income, the victim did not have any intent or ability to repay the loan even if he/she had the victim jointly and severally guaranteed a large amount of guarantee obligations, etc.

The defendant, who is the husband of the defendant, has made a loan to the victim on the same day.

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