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(영문) 대구지방법원 2013.11.07 2012고단7690

사기등

Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

From April 201, the Defendant was in a de facto marital relationship around December 24, 201, and was taking place on May 201, 2012, when there were many claims and real estate assets, and when monthly income was at least four million won, the Defendant was in a de facto marital relationship.

1. Around June 28, 2011, the Defendant acquired credit cards by fraud, the Defendant made a false statement to the victim that “in front of the Daegu Suwon-gu apartment house, the head of the Tong would not be subject to seizure to the National Tax Service and would not withdraw the deposit. If the construction cost is required, if the card is lent, it will make payment without mold.”

However, the defendant did not have the intention or ability to pay the price in time even if he received and used the credit card from the victim.

As such, the Defendant: (a) received seven credit cards from the victim, such as a lot card (D), large white card (E), Samsung Card (F, G), national card (H), new card (I), modern department store card (J), one of the case cards (K), etc. under the name of the victim from around that time to February 12, 2012; and (b) obtained seven credit cards from the victim from the victim; and (c) stated the total of 151,226,61,470 won in the indictment as stated in the separate crime list; (d) but it is apparent that it is a clerical error in the calculation of calculation.

The author acquired property benefits by means of purchasing goods equivalent to the cost or receiving cash services and acquired them by fraud.

2. Borrowing funds;

A. On August 14, 2011, the Defendant made a false statement that “The Defendant, in front of the Daegu Suwon-gu C apartment, built a commercial building in the Sungju, received from the victim a construction cost of KRW 20 million for the construction work, and fleded. In relation to wages, etc., the Defendant would make payment within one month for which money is required.”

However, the defendant did not work in the sex state, and there was no intention or ability to repay even if he received the money from the victim because he did not have any specific income as a credit bad person.

The defendant deceivings the victim and is under his control.