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(영문) 대구지방법원 안동지원 2014.08.22 2014고단111

사기

Text

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

except that 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

The Defendant was a substantial operator of the B’s business office.

1. On December 13, 2012, the Defendant made a false statement to the victim D, stating, “The Defendant would pay the victim E a monthly pay, as soon as possible.”

However, in fact, the defendant did not have any property as a bad credit holder, and since the above door-to-door sales was proper, there was no intention or ability to repay the money even if he borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 8,580,000 in cash from the victim to the victim’s place of loan and received KRW 7,580,000 in total from around that time to February 21, 2013 in the same manner as indicated in the list of crimes in attached Table 1.

2. On December 11, 2012, the Defendant made a false statement to the victim D, stating that “A credit card will be lent and received, and the credit card will be repaid.”

However, the defendant, like Paragraph 1, did not have an intention or ability to pay the price normally at the settlement date even if he/she lent the credit card of the victim.

As such, the Defendant, by deceiving the victim and using Samsung Card from F to F, 226,244 won, and by using Samsung Card from around that time to April 25, 2013 through Samsung Card, Nonghyup Card, New Card, and Hyundai Card, and by allowing the victim to pay the amount of the use of the Samsung Card, No. 16,705,798 won in total, by allowing the victim to pay the amount of use of the Samsung Card.

3. Around January 10, 2013, the Defendant lent the victim G’s name, the father of D, and decided to register as the head of the above home branch office following consultation with D around January 10, 2013, and the victim as part of the registration procedure.