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(영문) 광주지방법원 2018.10.24 2018고단3138

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Records] On January 12, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. on the part of the Suwon Franchisor and sentenced to two years and six months.

6.2 The judgment became final and conclusive.

[2] Defendant 1 operated “E book” on the second underground level in the Suwon-si, Suwon-si, Suwon-si, and Defendant 2 was a customer who frequently uses the above E book, and the victims came to have friendship with Defendant.

1. On February 27, 2015, the Defendant against the Victim F: (a) around February 27, 2015, to the Victim F; (b) “I wish to punish the Victim F with money so made.”

When purchasing and selling books in large amount, it is possible to make a large amount of profit in one month. Therefore, 300,000 won can be punished.

After purchasing and selling books with the credit card on the face of the week, 7-10% of the credit card price shall be paid as an allowance, and if the payment is notified before the date of settlement of the card price, the payment will also be paid.

In addition, a false statement was made that “if one cash is lent, allowances may be given more.”

However, the Defendant was in a situation where the principal and allowances were not paid according to the promise to lend money to another person without any particular property at the time, and the Defendant was thought to receive money from the injured person as principal and allowances of the borrowed money from another person. As if the victim was aware, the Defendant was also unable to secure sales places where the Defendant purchased and promised to sell the large amount of books, and did not have the intent or ability to pay the money and allowances from the beginning to the victim.

Ultimately, the Defendant deceiving the victim F and caused the victim to pay KRW 1.6 million with the Defendant’s national card, new card, Samsung, Samsung, Il-il card, and Hyundai Card on February 27, 2015, and paid KRW 1.6 million from around that time to March 3, 2016. < Amended by Act No. 14088, Mar. 3, 2016>