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(영문) 수원지방법원 안산지원 2011.12.22 2010고단2271

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay damages to an applicant for compensation = 129,315,872 won.

Reasons

Punishment of the crime

1. On May 2, 2009, the Defendant made a false statement that he would use the credit card to pay the amount to the victim C after using the credit card to the victim C on the settlement date if he/she lends the credit card of the victim to the victim C.

However, the defendant did not have the intention or ability to pay the user fee even if he uses the credit card of the victim due to the lack of certain income.

The Defendant, by deceiving the victim as above, received the victim’s foreign exchange card from the victim around that time, and settled KRW 1,144,580 with the said card on or around the 18th of the same month, and the Defendant from around that time to February 25, 2010, paid a total of KRW 117,423,862 on 692 occasions, as stated in attached Table No. 1, as stated in attached Table No. 1, 2010, and did not pay the amount of use on the date of settlement.

Accordingly, the defendant deceivings the victim to take over the credit card in the name of the victim and let the victim pay the amount of use.

2. On May 6, 2009, the Defendant provided a false statement that he would repay money to the victim C after one month if he/she lends money to the victim C at the above place.

However, the defendant did not have any intention or ability to pay the money even if he borrowed money from the victim due to the lack of certain income.

As above, the Defendant, by deceiving the victim as above, received five million won from the victim on the same day, and took over 11,892,010 won in total from the victim under the pretext of borrowing 19 times a total of 19 times, as stated in the List of Crimes from around that time to January 27, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to each investigation report (the details of performance and the investigation of complainants on the details of performance);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.