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(영문) 수원지방법원 성남지원 2015.10.21 2015고단1352

사기

Text

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

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

Reasons

Punishment of the crime

1. On December 2012, the Defendant: (a) at the Seocho-gu Seoul Metropolitan Government Office, the office of the Defendant (main office), the (main office) office of the Defendant, and (b) at the time, the (main office) D, who was operated by the Defendant, did not have any intent or ability to pay the credit card payment due to economic difficult circumstances, such as (i) D, having no certain income after the failure to pay debts, and (ii) having been residing there was no intention or ability to pay the credit card payment due to mortgage; (b) on the part of the construction expense item, the Defendant borrowed the victim E with the credit card without the molding of the construction expense item.

As such, the Defendant, by deceiving the victim, received immediately a credit card from the victim, and settled the amount equivalent to 3.3 million won from that time to February 2013 with the said card and did not pay the amount, thereby obtaining pecuniary gains equivalent to the said amount.

2. On June 2012, the Defendant made a false statement that he/she would have repaid the said money if he/she had no intent or ability to repay the money even if he/she borrowed money in an economically difficult situation.

As such, the Defendant, by deceiving the victim, received a total of KRW 15 million from the victim to October 8, 2013, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A certificate;

1. Application of Acts and subordinate statutes on the details of card use;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the execution of a sentence shall be suspended, taking into consideration the following: (a) the period of the suspension of execution is several times to commit the same type of crime; (b) the crime is committed during the period of the suspension of execution; and (c) the nature of the crime is not good; (d) the defendant is against the defendant; and (e) the victim does not want the punishment of the defendant by partially compensating for

1. Social service order under the Criminal Act;