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(영문) 대구지방법원 2014.06.12 2013고단6753

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From May 30, 2002 to August 10, 2012, the Defendant owned E, located in Sinsi. From October 2009 to February 2012, the Defendant leased G (H) located in Sinsan City F from October 2009 to February 2, 2012, and the Defendant was the chief public official of the J in Sinsi from April 2012 to the present.

1. The Defendant, by taking advantage of the identity of the Defendant, committed an act of using the credit limit that he was found to receive, with the intention of gaining profits by lending money from the credit limit or allowing the credit amount to pay for goods by credit card.

However, even though the Defendant owned the above land, on October 21, 201, the Defendant was granted a loan from the Bosong National Credit Union on the said land, and set the right to collateral security of KRW 168 million on the said land. On October 14, 201, the Defendant was in the status of setting the right to collateral security on the same site after receiving KRW 40 million from L on a deposit basis, and selling the said E on the same site, there was no money back to the Defendant even if the Defendant did not return to the said land, and there was no intention or ability to repay the credit card payment borrowed money or by acting for the credit card payment, due to the absence of any special import.

Around December 21, 2010, the Defendant made a false statement to the victim M (n, 50 years of age) stating that “I would make a payment of profits by making investments in stocks” to the victim M (n, 50 years of age). It received KRW 2,961,00 from the above victim, namely, delivery of KRW 2,961,00 from the above victim. From December 21, 2010 to October 18, 2012, the Defendant borrowed the sum of KRW 26,175,120 from the above victim or had the victim settle the purchase price of goods with a credit card using the same method as shown in attached Table I.

B. Around February 9, 2012, the Defendant leased KRW 10,000 of the intermediate payment necessary to purchase J to the Victim N (N) on the Daegu-Spo Highway Highway (VL) around February 9, 2012.