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(영문) 대전지방법원 천안지원 2018.11.05 2018고단1533
사기
Text

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

Reasons

Punishment of the crime

1. On April 13, 2017, the Defendant’s joint and several liability fraud calls from the victim C, who was a high school, in front of Dong-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul on April 13, 2017, to pay wages to the employees of the company currently in operation.

In order to implement a loan equivalent to KRW 18 million, it is intended to solve the debt of the joint and several sureties within the second month of each week.

“.....”

However, the Defendant did not have any special property at the time, and the Defendant’s business entity, which was operated by the Defendant, was in a situation where management was difficult to reach about KRW 5,000 to KRW 60 million. Therefore, even if the victim orders joint and several sureties, there was no intention or ability to resolve it as promised.

Around April 13, 2017, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 18 million in total from “D”, “E”, and “F Co., Ltd.”; and (c) caused the victim to stand joint and several surety for each of the above loans on behalf of the Defendant.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.

2. On May 23, 2017, the Defendant: (a) called the victim C in front of the Seo-gu, Seo-gu, Seocheon-gu; and (b) borrowed a loan with a loan of KRW 70,000,000,00,000, which is difficult to lend due to a low credit rating; (c) on the one hand, the Defendant would receive a second credit rating after two to three months, and then repay the loan.

“.........”

However, the Defendant did not have any special property at the time, and the Defendant’s business entity, which was operated by the Defendant, did not have any intent or ability to change the amount, even if the victimized party received a loan, because the amount of goods that was not paid to the Customer was not much managed to the extent of KRW 5,00-60 million.

The defendant deceivings the victim to do so.

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