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(영문) 광주지방법원 순천지원 2015.06.30 2015고단519
사기
Text

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

However, 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

The Defendant is a person operating a dispute settlement agreementD (hereinafter referred to as the “instant company”) in Jeonnam-do, and the victim E is an employee of the instant company and the victim is in a relationship with the employer.

Around August 2012, the Defendant stated that “Around August 2012, the Defendant borrowed the name of the principal debtor in order to obtain a loan due to a lack of funds for the management of the instant company, or used the joint and several sureties as the funds for the management of the company, and the principal and interest of the loan will be repaid at least three months after the loan.”

However, since the state of operation, such as sales, etc. of the company of this case was extremely poor, the defendant had a large amount of obligation to the company of this case, and accordingly, the loan was required to be used for personal purposes, such as repayment of bonds, gambling funds, etc. by the defendant, and there was no intention or ability to repay the principal and interest of the loan after three months.

The Defendant entered the victim as a joint and several surety on August 23, 2012 and borrowed 4 million won from the Korea Savings Bank, 4 million won from the Marshall franchise loan, 700,000 won from the NAE Savings Bank, 10,000 won from the NAE Savings Bank, and 27 million won from the NAE Savings Bank on August 24, 2012, with the victim as the principal obligor, as the sum of 25 million won from the Solomon Savings Bank on September 26, 2012, and 8 million won from the NAE Savings Bank on September 27, 2012, including KRW 4 million from the sum of NAE Savings Bank, KRW 7 million,000,000,000 from HE Savings Bank, and KRW 4 million,000,000,00,000,00 won.

In this respect, the defendant deceivings the victim to acquire the pecuniary profits equivalent to KRW 67 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A contract for business takeover, details of passbook transactions, recording records, authentic originals, and details of payment of interest;

1. Certificate of deposit transaction performance, loan record CD;

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