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(영문) 의정부지방법원 2017.02.17 2016고단4512

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Majority Opinion] On July 9, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) and completed the execution of the sentence on March 5, 2010.

[2] On January 201, 201, the Defendant came to know of the victim E’s convenience store in the history of the D’s history in the Gu’s government city, thereby becoming a customer, and the victim came to know of the victim’s identity, and the victim formed a trust relationship with the victim by putting his/her own ability over the victim’s internal relations and by putting his/her own identity over the victim’s re-concing his/her own ability on the following grounds: (a) he/she has been working in the Cheongbu, he/she has been working in the Cheongbu, has been working in the Cheongbu, has been working in the Cheongbu; (b) he/she has been working in the Cheongbu, has been working in the Cheongbu, has been working in the Cheongbu, has been working in the Cheongbu for 19 years; and (c) is currently working in the construction of a new commercial building.

1. On January 201, 201, the Defendant committed the crime of fraud using a card, stating that “The Defendant, at the convenience store for the victim’s operation, caused the victim to invest in the F History Construction Corporation, may sell one store in lots and let the victim carry out funeral services at the same time, and if the credit card is lent, the claim amount will be paid every month.”

However, the Defendant, without certain occupation or income, has borne the amount of KRW 19 million for credit card debts and KRW 200 million for other personal debts, and did not have invested money in the F history corporation or sold the store in a commercial building. Even if the Defendant received a card from the injured party, he/she did not have the intent or ability to pay the card price.

Nevertheless, the Defendant received each copy of the card (credit number G) under the name of the victim from the injured party at around that time, and the card (credit number H) under the name of the victim, respectively, and used the card in the charge of charge of charge of amamba-dong around January 31, 201.