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(영문) 서울북부지방법원 2018.11.15 2018고단1369

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On January 23, 2017, the Defendant entered into a false statement with the victim E, who was a school member, working together with the aforementioned factory in Suwon-si, Suwon-si C, and used a false statement to the victim E, who was a school member, for the use of the Handphones and Handphones at the school.”

However, in fact, the Defendant was living as a person eligible for livelihood benefits without any particular property, and was unable to repay the money borrowed from the lending company, and there was no intention or ability to repay the money even if the Handphone was unable to borrow money from the victim due to the above reasons.

The Defendant received 250,000 won from the one bank account (F) in the name of the Defendant as the repair cost on the same day, and received 35,056,027 won in total over 60 times from around that time to October 23, 2017, as in the list of crimes in the attached Form.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

B. On March 3, 2017, the Defendant’s fraud of credit card payment would pay the credit card value to the victim by lending the card to the victim for the need of living costs.

“False speech” was made.

However, the defendant was living as a person eligible for livelihood benefits without any particular property, and even if using the victim's credit card, the defendant did not have the intent or ability to pay the amount when he/she proposed the payment.

The Defendant received a loan from the injured party (G) in the name of the injured party, and used 22,00 won at H restaurant on October 14, 201, and did not pay the amount by settling the total of KRW 1,465,630 over 67 times, such as the daily table of crime (credit card) between around 14 and October 15, 2017.

In this respect, the defendant deceivings the victim to gain pecuniary benefits.