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(영문) 수원지방법원 2018.06.01 2017고단4768
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2015, the Defendant: (a) the D party branch located in Suwon-si, Suwon-si, Suwon-si; (b) the victim E loaned KRW 20 million to the victim E for 4.5% per annum; (c) although the name of the business operator of the above D party branch is in the name of F, the Defendant actually operates the above party branch; (d) if the Defendant borrowed money, he would jointly and jointly operate F, a person under the name of the business operator, as a guarantor; and (e) make F, a person under the name of the business operator as a security, as a joint guarantor; and (e) pay KRW 20 million with the purchase price.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant did not have any particular property at the time, and there was no economic situation such as personal debt amounting to 40 million won, and even if the credit rating was higher than 100 million won and borrowed money from the damaged party, he did not have the intent or ability to repay the said money. In fact, the Defendant was actually given the above money, and was willing to use it to pay for personal living expenses or debt, and there was no agreement with the above F, which stated the joint guarantor as the joint guarantor, on the loan application, to jointly and severally guarantee the Defendant’s obligation, and even if he was operated jointly with F, even if he sold it, he could not use the purchase price in full to pay the Defendant’s obligation to the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred 1,8920,000 won to the national bank account of the defendant on the same day from the victim.

2. The Defendant, at the time, at the place, and in advance, in the loan application form prepared in accordance with paragraph 1, entered “F, in each other,” “D party room in the mutual name column,” “G”, “Handphone column,” and was under custody by the F for use in the operation of the above D party room in the name of the F. F. F. F. F. F.F.’s name.

F.

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