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(영문) 전주지방법원 2018.11.15 2018고단1243

사기

Text

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

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

Reasons

Punishment of the crime

"2018 Highest 1243"

1. On October 10, 2016, the Defendant: (a) is the Defendant’s operation of the Defendant located in Yeongsan-gu Seoul-si, Jeonju-si (Seoul-si); (b) “E” to the Victim E, who received a part of the credit card payment and paid the remainder as if he sold goods with a credit card; and (c) upon the settlement of the price of goods, he/she will receive the payment.

“In doing so, the victim believed this would have the victim pay KRW 6,448,418 in the name of F used by the Defendant on the same day.

In addition, the Defendant had the victim pay the card amount of KRW 16,896,157 directly or was paid with the card payment in the same manner seven times from the above date to November 10, 2016, as shown in the list of crimes in the attached Form.

However, the facts revealed that the defendant had a magy operated by the defendant, and that he had a approximately KRW 500-6 million of bonds paid out by the day, but was prevented from returning other debts with the money borrowed from another person in the way of repaying the money, and there was no other property, such as real estate in the name of the defendant, deposit, etc., and there was no intention to pay the above money to the victim.

Accordingly, the defendant deceivings the victim and defrauds the above 16,896,157 won.

"2018 Highest 1470"

2. On November 29, 2016, in the management room of the “H” part of the Defendant’s operation of the Defendant located in the Yeongsan-gu G located in the Jeonsan-gu Seoul Special Metropolitan City around November 29, 2016, the Defendant would give the victim I a repayment by December 30, 2016, because there is any money generated by operating the store, by lending the card value to the victim I.

“In other words, i.e., a person who has believed to do so was given 1.6 million won in cash from the person who has believed to do so as a loan.”

However, the facts are that the defendant paid the interest on the existing debt with the income, and the above amount is paid from the victim, such as lending money to others and paying the card fee due to the lack of ability to pay the credit card price.