beta
(영문) 서울서부지방법원 2013.11.27 2013고단1562

사기

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

From 2005 to 2009, the Defendant’s account was attached to the Defendant’s account by reaching approximately KRW 26.4 million. The Defendant had a debt of KRW 650 million to community credit cooperatives. The Defendant was also obliged to pay KRW 50 million monthly interest of KRW 740,000,000, and even if she borrowed money or borrowed card from others, there was no intention or ability to pay money or pay credit card payment.

Nevertheless, the Defendant:

1. On May 3, 2010, at the office of “Korea Computer Game Industry Federation of Eunpyeong-gu, Seoul, 146-2 underground,” a false statement to the victim C, stating, “The victim C is required to operate the restaurant, and, as the individual money is required, the children in Colombia own money in the following month lend the me money to be reduced.”

The Defendant, as described in attached Table 1, received a total of KRW 11,616,200 from around that time to March 18, 201, received total of KRW 11,616,200 from the time of the transfer from the victim to the one bank account (E) account (E) of the Defendant, which is the Defendant’s child, by the victim, and acquired it by deception.

2. On July 8, 2010, at the above place, the victim made a false statement stating that “When operating a restaurant, it is necessary to use a card as it does not constitute a funeral service, and make payment without delay.”

In this context, after using the credit card in the name of the victim from the victim, the credit card was used by the victim, the credit card was not paid, and the credit card was acquired from the time to May 31, 201, and the sum of 10,379,563 won was acquired and acquired through the use of the credit card as stated in the attached crime list 2 from around that time to May 31, 201 and then the payment was not paid.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol against the defendant is replaced.