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(영문) 전주지방법원 2014.11.27 2014고단1114

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On December 201, the Defendant, in collusion with the head of the C office on personal information, was aware that when receiving the pre-paid amount of the pre-paid amount, the amount of the pre-paid amount is restored by using the card, but if the deposit is revoked, the amount of the pre-paid amount should be deducted from the next day, he used it to acquire the money through the pre-registered card tin.

On December 23, 2011, the Defendant, in collusion with the above C chief office office, purchased bags and landmarks from employees in the E department stores located in Jung-gu Seoul, Jung-gu, Seoul, and paid 6,590,000 won to the F department stores by using his lot card, as if he were to pay 6,590,000 won to the F department stores every month.

However, the above fact is that the defendant's credit card unpaid amount from KRW 30 million to KRW 40 million, and the debt amounts to KRW 60 million. However, the defendant did not have any particular income other than the income of KRW 2.5 million per month, and the defendant did not have any intent or ability to pay the price even if he purchased the goods as above.

Accordingly, the Defendant, under the direction of the head of the above CJ, received 6,756,854 won in a lot card from the victim shot Card Co., Ltd. to restore the limit of the use of the card, and subsequently, purchased the aforementioned goods and received money from the victim by cancelling the advance payment.

Ultimately, the Defendant, in collusion with the above C head of the department store, enticed the Defendant as if he were to pay the installment, by purchasing F bank and landmarks equivalent to the amount of KRW 6,590,000 at the market price from the employees of the department store store, and thereby, acquired pecuniary profits equivalent to the same amount with the approval of the settlement of the credit card price from the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of G and H;

1. A criminal investigation report;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;