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(영문) 청주지방법원 2019.09.19 2019고단676

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On February 11, 2017, the Defendant made a false statement to the victim D from the Seowon-gu Building C, Seowon-gu, Seowon-si, Seowon-si, Cheongju-si, that “If he is studying in the Republic of Korea, who is in need of money due to house taxes and living expenses, etc., he would make reimbursement after two months if he/she borrowed three million won.”

However, the defendant did not have any intention or ability to repay even if he borrowed money from the victim due to no particular property or income at the time.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 2 million from the victim, and KRW 850,000 on February 13, 2017, and KRW 2.855 million from the victim.

2. Around August 2017, the Defendant stated that “A student would be paid immediately when he/she claimed the payment of the credit card if he/she borrowed the credit card to the Republic of Korea while studying in the Republic of Korea.”

However, the defendant did not have any intention or ability to pay the price even if he borrowed a credit card from the victim due to no particular property or income at the time.

Nevertheless, the Defendant, by deceiving the victim as above, received Samsung Card in the name of the victim from the victim, and used a total of 606,890 won over 16 times from August 10, 2017 to May 15, 201, and did not pay the amount, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. An interrogation protocol of the police against the accused (including the substitute part);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to financial transaction statements and copies of credit cards;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: A fine shall be imposed on a person who has been punished several times due to the crime of this type in favor of re-offending;