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(영문) 의정부지방법원 2016.07.26 2016고단2078

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 2011, the Defendant, at the D Hospital located in Spocheon-si, Spocheon-si, was aware of the victim E while working as a nursing assistant, and the victim was aware of the victim’s personal trust with the victim while maintaining her friendship even after withdrawal of the above hospital. On October 201, the Defendant formed a personal trust relationship with the victim, referring to the following false statement: “The husband’s business is well, the land taken by her husband’s business is well, the land taken by her husband’s business is 1.7 billion won if sold, and the outside home is living in Japan.”

1. On February 2013, the Defendant made a false statement to the victim that “The Defendant would pay the credit card price in the face of a week to allow the use of a new bank credit card.”

However, in fact, the Defendant was in excess of the debt due to the former husband’s credit card and the former husband’s debt. The Defendant did not receive living expenses due to the lack of excess of the current husband’s debt, and even in the F land in the name of the Defendant, there was no specific property such as the lack of real value due to the establishment of a mortgage and superficies, and even if using the card in the name of the victim for lack of any other property, the Defendant thought to use another card of the victim or to pay the card with the loan in the name of the victim, and did not have any intention

Nevertheless, the Defendant received a new bank credit card from the injured party, from February 21, 2013 to January 2, 2014, and settled total of KRW 57,970,651 on a total of 285 occasions in terms of goods, cash services, and credit card loans, and acquired property gains equivalent to the same amount, and acquired five card cards in the name of the injured party as shown in the annexed list of crimes in the annexed list of crimes, and acquired the total of KRW 113,094,666.

2. The Defendant was using a new card, etc. in the name of the victim and was unable to settle the amount of the loan. The Defendant obtained a loan under the name of the victim.