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(영문) 대전지방법원 2019.02.15 2017고단4698

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

2017 Highest 4698

1. On June 2016, the Defendant, against the victim B (V, 59 years old), made a false statement to the effect that “The Defendant, on the front day of the victim’s home located in Daejeon-gu Daejeon-gu, would receive monthly pay. When lending the Hantete Card, he would use the card for 5 to 6 months and pay the card in full.”

However, the Defendant used a credit card from the victim to pay the credit card price by the so-called “fluoring” method after lending the credit card, and the debt was excessively accumulated, and there was no intention or ability to pay the credit card price due to the absence of certain income or assets.

As above, the Defendant, by deceiving the victim, received the D Card and E Card from the victim around that time, and then settled a sum of KRW 22,53,744 (D Card 13,116,300, E Card 9,417,444) between April 20, 201 and August 9, 2017, and did not pay the amount.

Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 22,533,744.

2. Around April 15, 2017, the Defendant against the Victim F (F) made a false statement to the effect that “The Defendant would pay 300,000 won per month whenever he/she lends his/her card. When he/she lends his/her card, he/she would pay 300,000 won per month.”

However, the Defendant used a credit card from the victim to pay the credit card price by the so-called “fluoring” method after lending the credit card, and the debt was excessively accumulated, and there was no intention or ability to pay the credit card price due to the absence of certain income or assets.

As above, the Defendant, by deceiving the victim, received the I card and E card from the victim around that time, and then entered in [Attachment] List (3) and (4).