beta
(영문) 대전지방법원 공주지원 2017.07.21 2017고단142

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 2015, the Defendant against the Victim B: (a) at the “D’s point of the Victim B’s Operation “D” located in Sinju-si; (b) “A transfer to another person within the main point. There is no capital necessary for the operation of the main point as at that time; (c) if a new bank credit card (credit card No. E) and a new credit card (credit card No.) used for the main point is lent to the head office, a credit card company will use the card only to the extent necessary for the main office operation; and (d) pay the card price by internal payment; and (e) pay KRW 1,500,000 per month until the internal office is fully taken over.

“A false statement” was made.

However, in fact, it was thought that the credit card and passbook supplied by the injured party was used to cover living expenses, and there was no particular property or profit at the time, and the principal and interest of loans from financial institutions, such as mountain and money, was not paid properly, and the liabilities borrowed from the defendant's will, such as F and G, exceed KRW 10,000,000, and there was no intention or ability to pay the amount at time even if the credit card was used by the injured party.

Nevertheless, the Defendant: (a) had the victim acquire pecuniary benefits equivalent to the same amount by deceiving the victim as above and deceiving him/her from the victim on November 2015; and (b) had the victim pay the usage amount on behalf of him/her on the due date for the purchase of goods equivalent to KRW 16,430,715 from around the above time to July 17, 2016; and (c) did not pay the usage amount on behalf of him/her.

2. The Defendant committed fraud against the victim H at around April 2016, at the main point specified in paragraph 1, the victim H, who became aware of the said main customer and developed by his/her interest as a member of his/her household, with the victim H, shall be paid KRW 30,000,000 to all members of his/her household, and if he/she fails to pay it, he/she shall live again with the Vietnam.

In the operation of the main branch, the principal and interest are not in arrears and the loan is made to the extent that the loan can be made.