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(영문) 대구지방법원 경주지원 2019.07.25 2018고단853

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. A. Around January 2018, the Defendant: (a) false statement that the Defendant borrowed money reads that “The Defendant would return to Seoul, if he/she borrowed KRW 100,000,000,000,000 at Sejong-si and would be repaid to the Defendant.”

However, the defendant did not have any intention or ability to pay money even if he borrowed money from the victim because there was no special property or income at the time.

Around January 10, 2018, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim to the E bank account under the name of the Defendant as the borrowed money, from that time to June 23, 2018, the Defendant received a total of KRW 4,190,000,000 from that time, as shown in attached Table 1.

B. On January 1, 2018, the Defendant entered into a false statement that “The Defendant would use the credit card price as expenses necessary to sell the land and pay the credit card price to the victim for the purpose of selling the land at Sejong-si, the market price of KRW 4.8 million is KRW 1.20,000 at Sejong-si, and there is no money to sell the land.”

However, the defendant did not have the land owned by the defendant at Sejong, and there was no special property or income at the time, so even if he borrowed a credit card from the victim, he did not have the intention or ability to pay the credit card price.

The Defendant, by deceiving the victim as above, received a letter of F card and one G card in the name of the victim from the victim, and used it from January 2018 to October 2018, and did not pay a total of KRW 7,901,246 as shown in attached Table 2, and did not pay the card price.

2. Fraud against victim H;

A. On April 13, 2018, the Defendant is in Gyeyang-gu, Ulsan-gun, Ulsan-do.