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(영문) 수원지방법원 성남지원 2018.11.07 2018고단1242

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant around November 2016, at the residence of the defendant in Seongbuk-gu, Seongbuk-gu, Sungnam-gu and the defendant in 109 Dong 306, the victim D by telephone, with "in the present city, with a computer-related business in Yongsan-gu, and construction cost is insufficient.

If a credit card is lent, the credit card will be used to purchase construction materials by using the credit card, and the credit card will be repaid monthly.

Even if it is not paid by the customer, there is a guarantee insurance, so it is not necessary to think about it.

The phrase “ makes a false statement.”

However, the Defendant did not have any idea to purchase construction materials using a credit card borrowed from the injured party, and it was thought that the Defendant purchased high-priced IT products, such as luom Acces and digital camera from the injured party, and then prepared cash by means of returning it immediately and used it to repay its existing debts. As such, the Defendant was 15% of the purchase price of high-priced IT products, and did not have any intent or ability to pay its credit card bills normally, since it was designed to make up for damages with 15% of the purchase price of high-priced IT products, and then did not have any intention or ability to pay its credit card bills normally.

The Defendant: (a) by deceiving the victim as above; (b) borrowed a new card under the victim’s name from the injured party around that time; (c) purchased a light (product name: DDR38GB 3-12800 Samsung Electronic) equivalent to the market price of 4.950,000 won by using the said new card on February 3, 2018; and (d) thereafter, purchased goods worth KRW 460,713,180 in total on 152 occasions by using a credit card borrowed from the injured party, such as in the list of crimes in the separate sheet of crimes, and did not pay KRW 125,977,60 in total; and (d) acquired a financial benefit equivalent to the amount of the credit card use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The details and process of paying cards;

1. Details of use by card, particulars of integrated use, etc.