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(영문) 수원지방법원 2018.06.26 2017고단6317
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

The Defendant’s name before the Victim C’s name is F.

It is between victim D, etc. and high-income relationship.

1. Crimes against victims C;

A. On April 21, 201, the Defendant stated that “Around Incheon City EB04’s home, the Defendant would receive a loan by requiring funds for other businesses, and would pay a loan on the face of a joint and several guarantee for the loan.”

However, at the time, the Defendant had no intention or ability to repay the loan, even if he received a joint and several guarantee from the victim, because his own income alone is not enough to cope with private financial liabilities equivalent to KRW 30 million and credit card overdue payment.

Nevertheless, the Defendant, as above, made the victim make a false statement, and caused the victim to provide joint and several surety for the total amount of KRW 9 million of the loans of three enterprises, such as the Marshall franchise loan, savings bank to a stock company, and savings bank to a stock company, etc., and the trust right loan, thereby bearing the joint and several surety obligation, and the Defendant took property profits by borrowing KRW 9 million.

B. On June 201, 201, the Defendant stated that “If the Defendant borrowed money from a foreign country because he/she had a former husband and a business partnership with the G president, he/she had the former husband and the business partnership with the G president, he/she would complete the loan without paying the loan.”

However, the Defendant did not have any intention or ability to pay the money even if he borrowed the money from the injured party because the Defendant had to pay the private financial debt and the amount in arrears of the card, which amounts to KRW 30 million, among the absence of any specific income at the time.

Nevertheless, the Defendant, as seen above, made a false statement to the victim, and then acquired the amount of KRW 15.8 million from the victim to the Defendant’s account on June 21, 201 and acquired it by fraud.

(c)

On March 2012, the Defendant: (a) a victim by telephone on March 2012.

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