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(영문) 서울북부지방법원 2016.10.20 2016고단3195

사기

Text

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

Reasons

Punishment of the crime

1. On August 23, 2014, the Defendant committed a crime against the victim C is in a de facto marital relationship after only marriage with the victim C on August 23, 2014, and is in a de facto marital relationship with the victim on October 2015. A.

On June 12, 2013, the Defendant made a false statement to the effect that “The Defendant would give the victim profits if he/she makes a new appearance, and make an investment.”

However, in fact, since the defendant thought that all of the money he received from the victim is consumed in the purchase of an Internet game item, even if he receives money under the pretext of investment, he did not have the intention or ability to return the profit by investing in the new game business.

As above, the Defendant, by deceiving the victim, received 3,500,000 won as investment money from the victim’s account of community credit cooperatives (D) in the name of the Defendant through the account of community credit cooperatives (D) in the name of the Defendant, and received a total of 70,87,00 won from that time to October 1, 2015, as shown in attached Table 1.

B. On March 2015, the Defendant committed a crime related to the Hyundai Card concluded to the effect that “If the credit card in the name of the Defendant was issued with the credit card in the name of the victim because the credit card was less than the limit, the Defendant would use it for the siren business and settle the price on the settlement date.”

However, there was no intention or ability to pay the price even if the defendant used the credit card in the victim's name by using the credit card in the victim's name because the defendant did not run the siren business at the time and did not have a certain occupation.

The Defendant, by deceiving the victim as such, received the modern card, which is a credit card under the victim’s name, from the victim, and then borrowed KRW 20,000,000 from the said modern card on June 23, 2015, and KRW 4,00,000 on July 3, 2015, and KRW 6,000,00 on July 13, 2015, under the name of a long-term credit card loan.