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(영문) 인천지방법원 2015.05.07 2014고단6847

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. Fraud;

A. On November 1, 2008, the Defendant against the victim C, at the office of the Defendant located in Seoyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, 2008, the Defendant loaned the victim C a credit card of the party due to lack of expenses to be used for the scrap metal business. Accordingly, the Defendant would use the credit card of the party as expenses and make the payment of the credit card in the future every month. The Defendant received one new card in the name of the victim from the victim on the same day. On the same day, around November 18, 2008, he received one Samsung Card in the name of the victim from the victim under the same name, and was issued one copy of the national card in the name of the victim under the same name on November 26, 2008. < Amended by Presidential Decree No. 21134, Nov. 26, 2008>

However, even if the credit card was issued by the victim, the Defendant was thought to use it for entertainment expenses, not for scrap metal business expenses. Since the credit card was not paid to the police officer in 2008, the Defendant did not have the intent or ability to pay the credit card amount due to the failure to pay the credit card amount in excess of KRW 200-30 million.

Nevertheless, the Defendant, as above, by deceiving the victim, received three copies of credit cards in the name of the victim from November 1, 2008 to December 31, 2009 from November 1, 2008, by using the said credit cards as indicated in attached Table 1, 2, and 3, was provided with the services.

B. Around April 1, 2010, the Defendant against the victim E stated that the victim E would have repaid the scrap metal business with a loan of KRW 10,000,000,000,000,000 from the mutual infemnite-gu Manyang-gu Manyang-gu Manyang-gu Manyang-gu Manyang-gu Manyang-gu Manyang-gu Man-gu.

However, in fact, the Defendant borrowed money from the victim at the purchase cost of scrap metal.