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(영문) 광주지방법원 2013.12.20 2013고단1363

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court on January 21, 2010 and completed the execution of the said punishment on November 11, 2010.

[2013 Highest 1363]

1.(a)

Around December 13, 2011, the Defendant made a false statement to the victim E, stating that “Aber land is the president of the company with construction. The father’s father’s father’s father’s father’s mother’s mother’s mother’s father’s mother’s mother’s mother will be repaid immediately as the progress payment accrues.” The Defendant received 730,000 won from the victim and received 730,000 won from the victim from August 20, 2012, and acquired 56 times in total from the time to August 20, 2012 as indicated in the attached list of crimes (1).

B. On December 12, 2011, the Defendant: (a) made a false statement to the victim E, stating that “The Defendant did not have any intent or ability to pay the credit card price, even if he/she lent the credit card from the victim; (b) he/she would pay the credit card price for each month at the construction site of Aberber; (c) he/she would pay the payment for completed portion as soon as he/she would have paid the credit card; and (d) he/she received a credit card from the victim and paid the credit card amount of KRW 510,200 from around that time to May 24, 2012; and (b) obtained pecuniary benefits equivalent to the above amount by settling the sum of KRW 38,676,367 over 162 as shown in the attached Table of Crime List (2).

C. On December 21, 2011, the Defendant: (a) in the IMO located in Gwangju Seo-gu, Gwangju-gu, the fact that the Defendant purchased a vehicle in the name of the victim, even if the Defendant purchased the vehicle in the name of the victim, was unable to deduct the vehicle due to the absence of a driver’s license; and (b) the Defendant borrowed the name.

The name shall be lent three months after the date of lending.