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(영문) 대전지방법원 2018.02.01 2017고단2798

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C are between the defendant and the victim through the Internet-friendly camera around September 2009.

1. On February 17, 2010, the Defendant stated that “the mother is in need of a hospital expenses, and 5 million won shall be repaid within three months if he/she lends it to the victim at the victim’s residence located in Gwanak-gu, Seoul Special Metropolitan City.”

However, in fact, the Defendant did not have any intent or ability to repay, even if he borrowed money from the victim, because he/she was aware of the repayment of his/her own bonds or interest on bonds.

The defendant deceivings the victim as above and was delivered KRW 5 million to the Bank account under the name of the defendant, which was managed by the defendant on the same day from the victim.

2. On February 2010, the Defendant stated that “A victim’s residence in Gwanak-gu in Seoul Special Metropolitan City is unable to use a credit card with bad credit standing, and if a credit card is lent, the Defendant would be responsible for using the credit card and pay it.”

However, the Defendant had no intention or ability to pay the amount of using credit cards because he/she had been liable to pay the amount of KRW 40 million and was liable to pay the amount of KRW 2.5 million monthly interest.

The Defendant: (a) by deceiving the victim as above; (b) obtained Samsung Card in the name of the victim on the same day from the victim; and (c) around March 201, the Hyundai Card in the name of the victim from then on to January 11, 201; and (d) caused the victim to pay the unpaid amount of KRW 7,740,014 and Hyundai Card to pay the unpaid amount of KRW 14,873,028 in total, KRW 7,13,014, and KRW 7,13,014, and KRW 14,873,028.

3. On March 2, 2010, the Defendant is aware of the victim’s residence in Gwanak-gu, Seoul Special Metropolitan City, where “the victim is able to invest the consolation money that the victim suffered,” and there is real estate.