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(영문) 대전지방법원 2019.07.11 2019고단1618

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Fraud;

A. The Defendant is a person who had worked as the head of the delivery team at the Sejong Special Self-Governing City building B or the “D” restaurant in subparagraph c from October 18, 2018 to April 30, 2019.

On January 30, 2019, the Defendant concluded that “A victim E, who served as a delivery employee in D’s restaurant, requires urgent money due to the card value. It is difficult to receive provisional payment as the head of the team in the capacity of the team leader. Moreover, the Defendant would lend KRW 1 million to the victim E who received provisional payment.”

However, since the Defendant was unable to repay the existing debt and was seized to the account under the name of the Defendant, the Defendant did not have any intent or ability to repay the debt to the victim even if he borrowed money. In the event that he borrowed money from the intent to repay the existing debt or to use it for the sports entertainment fund, the Defendant did not seem to be able to borrow money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 1 million from the credit union account (Account Number:F) in the name of the Defendant on the same day, and received totaling KRW 45,600,000 from the above date to April 30, 2019 from the above date and time to April 30, 2019.

The defendant has received property from the victims by deceiving them.

B. On November 2018, the Defendant with fraudulent use of a credit card refers to “A credit card shall not be issued under his/her name. If a credit card is lent to a current person, he/she shall use it at the cost, and the price shall be paid in full at the time,” and he/she received the Samsung Card in his/her name from G. Thus, the Defendant did not have the right to use the said Samsung Card in his/her name beyond the scope of permission.

The accused shall be Sejong Special Self-Governing City on April 30, 2019.