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(영문) 부산지방법원 동부지원 2017.09.28 2017고단1143

사기등

Text

A defendant shall be punished by imprisonment for four years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 15, 2017, the defendant was sentenced to six months of imprisonment for fraud in Busan District Court's Dong Branch branch court, and the judgment became final and conclusive on August 25, 2017.

"2017 Highest 1143"

1. On November 10, 2014, the Defendant committed a fraud using a credit card, at the “F beauty room” located in Nam-gu, Busan, Busan, on the part of his employee G (n, 34 years old), who was aware of his knowledge, and the victim G (n, 34 years old) of his employee at the place where he was engaged in the solicitation of credit cards, and the Defendant transferred the credit card to B with the issuance of the credit card under four names. The use of the credit card and the payment shall be paid without any problem.

Part of the allowances from the use of a credit card shall be divided into part of the allowances.

“A false statement” was made

However, the Defendant did not have any intent or ability to settle the price even if he borrowed and used a credit card in the name of the victim because the Defendant had no particular property or profits during the period of using the credit card in the name of the victim and received a number of credit cards to the extent that it is not sufficient to prevent a return.

Around November 10, 2014, the Defendant obtained one card from the injured party and used KRW 117,116,240, such as using KRW 1,00,00,00 from the Home Plus to pay the price of KRW 20,038,275, as well as the Defendant’s failure to pay the price of KRW 20,038,275, and the Defendant acquired 149,821,337, and did not pay the price of KRW 149,821,337 from March 17, 2016.

2. On February 29, 2016, at the same place as the preceding paragraph, the Defendant: (a) borrowed money from the victim G to the said victim G to lend money to the said victim as it is deemed that cash is necessary to ask for Igman at the time of drinking; (b) prior to the payment, there is KRW 50,000,000 which received and borrowed money from Igman; and (c) he/she would have to repay all the credit card payments that he/she did not pay during that period.

However, the defendant is different.