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(영문) 수원지방법원 2014.08.13 2014고단2703

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Fraud;

A. On March 201, the Defendant obtained a credit card under the victim’s name from the victim C living together with the Defendant but did not have any intent or ability to fully repay the price even if he/she received and used the credit card under the victim’s name, the Defendant acquired property benefits by failing to pay the price, even though he/she did not have an intent or ability to pay the price. The Defendant received a letter of the national card issued under the victim’s name on March 23, 201, from the victim around that time to August 11, 201, issued a letter of the national card issued under the victim’s name, and then acquired property benefits by failing to pay the price, even though he/she purchased goods or services worth KRW 15,420,000 in total using the said card.

B. Around May 201, the Defendant acquired KRW 3,00,000 from the victim on May 23, 2011, the Defendant received KRW 3,00,000 from the victim to the effect that the Defendant did not have the intent or ability to obtain U.S. visa and permanent residence visa from the victim even if the Defendant received money from the victim C, but did not have the intent or ability to obtain the U.S. visa and permanent residence.

C. Around February 2012, the Defendant: (a) received money from the victim C, and (b) obtained 4,90,000,000 won, including the sum of KRW 1,90,000,000, from the victim around February 24, 2012, the Defendant acquired 4,90,000,000, from the victim, to the effect that the Defendant did not have the intent or ability to obtain the U.S. visa and permanent residence; (c) although the Defendant did not have the intent or ability to obtain the U.S. visa and permanent residence; and (d) obtained the victim’s “a request for fees necessary for the issuance of the U.S. visa and permanent residence.”

On February 2, 2012, the Defendant was unable to receive money from a penalty through a lawsuit. Even if the victim pays the credit card price in the name of the victim C used on behalf of the victim, the Defendant’s intent or ability to pay the said money properly to the victim.