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(영문) 광주지방법원 해남지원 2015.11.12 2015고단406
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In around 2007, the defendant was aware of the victim D, who is a contracting employee of the Maritime Affairs Office of the Maritime Affairs and Fisheries, while performing public service at the Maritime Affairs and Fisheries Office of the Maritime Affairs and Fisheries.

Around January 2015, the Defendant engaged in illegal sports gambling and the shortage of money. However, at the time, the Defendant 2 financial right loans amounted to KRW 19 million, and there is no other property, and the Defendant’s name alone is difficult to borrow money. In order to raise illegal sports gambling funds, the Defendant received a loan from the lending company, and the victim was a joint guarantor, and the victim was able to receive a loan from the savings bank, etc., and the victim was able to receive a loan from the savings bank, etc.

1. On January 28, 2015, the Defendant contacted the victim in order to contact with the police officer on January 28, 2015, and received the victim’s consent from the victim to the effect that “Around January 2015, the Defendant: (a) (i) he/she intends to have an internal bond of KRW 30 million with a high interest rate; (b) (c) he/she is a joint surety; (d) he/she was given a loan of KRW 30 million from the lending company with a new loan of KRW 30 million with the loan company; and (e) he/she would have repaid the loan with a new loan of KRW 30 million with the interest rate; and (e) he/she would have repaid the loan of KRW 40 million with the loan borrowed within a several days.

However, even if the defendant received a loan from the victim as a joint and several surety, he did not think that the loan will be used as illegal sports gambling or entertainment costs, and he did not intend to repay the existing loan as explained by the victim, or to obtain a new loan and to repay the loan jointly and severally guaranteed by the victim.

The Defendant, by deceiving the victim as such, had the victim sign the loan-related documents presented by the Defendant in the vicinity of the wooden Integrated Bus Terminal, which is located in 220 at the same time as of January 28, 2015, and the victim sign the loan-related documents as joint and several sureties.

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