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(영문) 창원지방법원 통영지원 2013.10.24 2013고단460

사기

Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. The Defendants’ co-principals, when deducting living expenses from monthly revenues, received money from the victim’s bank account under the name of the victim, and received money from the victim’s bank account in the name of the victim to the bank account in the name of the Defendant, with KRW 7 million from April 13, 2010 on the following grounds: (a) despite the fact that the Defendants did not have any intent or ability to normally repay money from financial institutions, even if they borrowed money from the victim D; and (b) the Defendants received money from the victim on April 13, 2010, from the victim’s bank account to the bank account in the name of the Defendant, even if they did not have any intent or ability to normally repay money.

2. Defendant B’s sole criminal conduct

A. The embezzlement: (a) the Defendant embezzled KRW 450,00,000,00 in total nine times as indicated in the attached Table of Crimes, when the Defendant was holding a passbook, physical card, and non-scam credit card in the name of the victim, because he/she kept money on behalf of the victim D with ordinary gambling, etc.; and (b) held a passbook, physical card, and non-scam card on behalf of the Defendant; and (c) embezzled KRW 1345,50,000,000 in total, as indicated in the attached Table of Crimes, when he/she was in possession of a passbook, physical card, and non-scam card.

B. The fraud accused, despite the absence of the intent or ability to normally pay the credit card price for the victim D even if he/she purchases goods using a credit card kept in custody as the reasons stated in the above paragraph (a) above, he/she obtains permission from the victim to the effect that “in-house card was suspended, D/C card should be used, and the credit card payment claim receipt will be made in error,” thereby allowing the victim to use the credit card.