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(영문) 수원지방법원 성남지원 2016.08.11 2016고단1805
사기
Text

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

Reasons

Punishment of the crime

1. On July 24, 2015, the Defendant called the Defendant’s home located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul to the victim D by calls from the Defendant’s home located in Sung-gu, Sung-gu, Seoul to “to obtain a loan by making a sudden need for money, but to make a repayment without climbing it at an early stage.”

However, at the time, the Defendant was planning to prevent the repayment of the total amount of 22 million won to another person, such as the obligation to lend to Hyundai Capital Co., Ltd., which was due to the failure to repay the debt amounting to KRW 22 million, by receiving additional loans, and thereby, there was no intention or ability to repay the loan even if receiving the loan.

On July 23, 2015, the Defendant, around July 24, 2015, had the victim enter into a joint and several guarantee contract on the Defendant’s DK loan’s total amount of KRW 3 million, and KRW 9 million,000,000,000,000,000,000,000 in the Defendant’s corporate bank account, around July 24, 2015.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits of 12 million won of loans by deceiving him.

2. On September 8, 2015, the Defendant needs to pay money to the victim D at the coffee specialty store located in Seongdong-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-dong, and to pay money to the victim D.

It shall be repaid in one month from the loan of money.

“Falsely false.”

However, the issue of the Defendant’s mother’s surgery expenses and his father’s repayment is that the Defendant paid the Defendant with money to the victim, and the Defendant was planning to prevent the repayment of additional loans due to the Defendant’s failure to repay a large amount of debt to the lending company, and thus, there was no intention or ability to repay the loan even if he borrowed money from the damaged party.

The Defendant, on September 8, 2015, around 5 million won and the same month, under the pretext of a loan from the damaged person.

9. 6 million won, 10.6 million won for the same month, 15.5 million won for the same month.

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