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(영문) 대전지방법원 2016.11.09 2016고단1451

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was unable to appropriate the cost of living due to the absence of certain occupation and income, and was continuously instructed to the credit card price and the bank debt from October 2013 to the victim C who returned from around October 2013, who acted as if the victim married with the victim, and was willing to use money for settling the cost of living and the credit card price.

around February 28, 2014, the Defendant provided the victim with a credit guarantee in the Buddhist land of Gangseo-gu Seoul Metropolitan Government, stating that “The Defendant had made a credit guarantee, and the sentence was locked, and that only KRW 10,000,000,000,000 shall be repaid every month if the Defendant received the loan,” and that the Defendant had the victim obtain a bank loan at around the 28th of the same month, and received a credit from the Defendant’s national bank account for the loan amount of KRW 6,00,000 from the victim.

However, in fact, the defendant did not have any intention or ability to repay even if he borrowed money from the victim because he was unable to properly pay the credit card price due to the Internet item purchase without any specific occupation and import.

The Defendant, as such, by deceiving the victim and deceiving 6 million won, acquired the total sum of 25,500,000 won from the victim on eight occasions, such as the statement in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to C by the police;

1. Customer cards (D), D annual agreements, and records;

1. Details of transactions by account (the Nos. 3 and 4 of evidence list) and the details of card use (the No. 16, 19,20 of evidence list);

1. Application of Acts and subordinate statutes to investigation reports (information on the analysis of details of transactions in accounts of national bank accounts under suspect title);

1. The accused shall be subject to the pertinent Article of the Criminal Act and Article 347 (1) of the Criminal Act, and the choice of each fine for the crime;