사기등
A defendant shall be punished by imprisonment for not less than one year and six months.
An applicant for compensation shall be dismissed.
Punishment of the crime
"2013 Highest 1217"
1. On August 2012, the Defendant concluded that “If a credit card is lent, he/she will use it and complete payment without paying the fee therefor,” from the victim C (the 29-year old age) at the bottom skiing ground of E, which is located in Manju-gun.”
However, the Defendant was unable to repay 10 million won due to his card and became a bad credit holder. The Defendant did not have any intent or ability to repay the amount on the date on which the Defendant promised to pay the amount of use even if he used the card because there was no special property or income.
The Defendant, by deceiving the victim, received the SK Card in the name of the victim from August 3, 2012 to October 3, 2012, and used 2,617,780 won from around August 3, 2012, and used 3,736,671 won from around August 27, 2012 to around October 17, 2012, by obtaining the victim’s national card in the name of the victim, used the victim’s Samsung Card in the amount of KRW 3,639,350 from around August 7, 2012 to around October 31, 2012, acquired the victim’s proprietary benefits by using the victim’s Samsung Card in the amount of KRW 9,93,801,00 from around October 7, 2012.
2. On August 2012, the Defendant made a false statement to the victim at the same place as above, stating that “On the face of a vehicle to be purchased in the name of aner, an installment would be paid in full on the settlement date.”
However, there was no intention or ability to pay the installment normally on the settlement date.
Around August 23, 2012, the Defendant: (a) deceiving the victim; (b) demanded the victim to borrow an automobile installment loan in the name of the victim from Hyundai Capital Co., Ltd.; and (c) paid 2,466,00 won of the purchase price of the used machine tank car (F) in the name of the victim; and (d) borrowed KRW 11 million from G, a bond company, around October 15, 2012, while receiving and using the said vehicle, and offered it as security and not pay the installment for the said vehicle.