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(영문) 서울동부지방법원 2015.02.12 2014고단3961

사기

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court (Seoul Central District Court) and completed the execution of the sentence at the Seoul Detention Center on June 10, 2013.

As above, the Defendant did not have a certain occupation after the completion of the execution of the sentence, and was working as an insurance solicitor thereafter, but even if the income was insufficient to meet living expenses and used credit card or money from another person, the Defendant did not have any intent or ability to pay credit card bills and borrowed money.

1. Fraud related to credit cards;

A. On October 5, 2013, the Defendant, at LBC operated by the victim C in Gwangjin-gu Seoul Special Metropolitan City, concluded that “A computer is needed if he/she attends an insurance company. When he/she lends a credit card, he/she will use 1.5 million won to purchase the credit card and pay the payment thereof.” The Defendant received a Samsung Card and a new credit card in the name of the victim from the victim. From the same day to October 12 of the same year, the Defendant paid 9,413,480 won in total with the said new credit card over 35 times in relation to the purchase of goods, etc. from the same day, and both the above Samsung Card and 1,130,760 won in total over six occasions.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

B. On November 15, 2013, the Defendant made a false statement to the effect that “the Defendant would use a credit card when lending it, and make a payment in full with the credit card price previously used on the 17th day of the settlement date for the use of the credit card” to the victim, and that it received the Samsung Card in the name of the victim from the victim, and then paid KRW 887,092 in total with the above Samsung Card four times in relation to the purchase of goods on the same day.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

C. The Defendant around November 20, 2013 at the Daba Paf, supra.