209 Highest 5441,6098 (Joint Fraud) Fraud

2010 Highest 472(Joint), 2010 Highest 1119(Joint)

ThisA (70 years old, women)

Jeonse sets

Attorney Seo-tae (National Election)

April 13, 2010

A defendant shall be punished by imprisonment for not less than two years and six months.

Criminal facts

1. Fraud against thisC;

A. On September 2006, the Defendant: (a) at the end of the Seo-gu Daejeon, Seo-gu, Daejeon; (b) at the time of credit business, the Defendant: (c) at the end of the end of the year, the Defendant: (d) at the time of the loan business and at the court, sold a large amount of the auction goods; (d) at the time of 23-gu apartment at the time; and (e) at the time of the auction, the Defendant first changed the down payment of KRW 10 million; and (e) at the time, the Defendant did not have any intent or ability to use the apartment at the time of winning the auction, even if the Defendant received money from the victim because it was not good at the time; and (e) there was no apartment at the time, there was no intention or ability to use the apartment at the time of winning it.

Around October 4, 2006, the Defendant, by deceiving the victim as above, was transferred KRW 10 million from the victim to the agricultural bank passbook in the name of Da1, the Defendant living together with the Defendant.

B. Around December 2006, the Defendant made a false statement that he had called the victim and called the victim about 28 square districts in Daejeon, and that he would receive the above goods at KRW 100 million. However, even if he received money from the victim because it was not in the situation of the apartment at the time of the successful bid, there was no intention or ability to use the apartment at the time of the successful bid even if he received money from the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim the money of KRW 13 million from December 13, 2006 to the Agricultural Cooperative head of Tong AC1, the birth of the defendant, and KRW 12 million from December 28, 2006 to the defendant's birth.

2. Fraud against the victim's gambling;

피고인은 대전에 전셋집을 구하면서 실제로는 임차보증금이 1,000만 원임에도 불구하고 피해자 박C2에게 임차보증금 액수를 부풀려 말하여 피해자를 기망한 후 돈을 교부받기로 마음먹고, 2007.5.30.경 안양시 만안구 안양동 ○에 있는 ◆공인중개사사무실에서, 피해자에게 '대전에 우리가 같이 살 전셋집을 구했는데, 전셋집의 임대차보증금이 6,500만 원이다' 라고 거짓말을 하였다. 그러나 사실은 피고인이 구한 전셋집의 임차보증금은 1,000만 원에 불과하였다.

The Defendant, as above, by deceiving the victim, received KRW 25 million from the victim who was in his/her possession, and then acquired the remainder of KRW 13 million, excluding KRW 12 million used for lease deposit and rent.

3. Fraud against victim leapC3;

On June 5, 2008, the Defendant committed an act with a victim Da3 who became aware of through Internet hosting with the victim Da1 (the birth of the Defendant) who was male, and committed a male behavior with the victim on July 5, 2008, by using a sexual tool in the shape of a male c1 (the birth of the Defendant), which had been purchased in advance at an adult supplies shop. After that, the Defendant is waiting for the victim to leave her home with love until her husband is divorced from her husband. When her husband is divorced from Canadian, Canadian shall move to Canadian. When Canadian move to Canadian. In order to raise the credit rating, if she lends a credit card to Canadian using a large amount of credit card, she shall pay the credit card price, she shall own a vehicle in the name of her husband, she shall own a vehicle, and hold it with 2 or more debts, even if she did not have the ability to use the credit card in the name of Canadian with the intent of the victim or woman with the intent of the victim or woman.

Nevertheless, the Defendant, by deceiving the victim as above, obtained a total of KRW 173,301,979 from the victim as follows.

A. On July 17, 2008, the Defendant made a false statement to the effect that he would increase credit rating by settling the card price if he lends the credit card to the victim, and that he obtained a new card from the victim, and used 10,000 won for the purchase of goods from around that time to February 16, 2009, as indicated in the separate crime list (Omission) from around February 16, 2009, the Defendant acquired 74,445,111 won in total with 4 credit cards, such as the victim’s new card, Samsung Card, etc., and used 39,151,979 won in total, while paying the total amount of 39,179 won.

나. 피고인은 2008. 9. 23.경 부산 금정구 남산동에 있는 ■ 어린이집 앞에서, 피해자에게 '내 소유의 40우XXXX호 카니발 승용차를 너의 명의로 이전한 후 이를 담보로 너의 명의로 대출을 받으면 신용등급이 올라간다. 내가 그 대출금을 틀림없이 갚겠다'는 취지의 거짓말을 하여 이에 속은 피해자로부터 그녀가 삼성캐피탈로부터 대출받은 1,120만 원을 교부받아 이를 편취한 것으로 비롯하여 그 무렵부터 2009. 3. 5.경까지 별지 범죄일람표(생략)에 기재된 것과 같이 총 11회에 걸쳐 합계 1억 3,415만 원을 교부받아 이를 편취하였다.

4. Fraud against the injured party c4;

Although the fact was about February 2008, the defendant had a physical structure of a woman, he had access to the victim C4 that he became aware of through the Internet while carrying on the business by a male business, and had a mind to obtain money by iceing marriage.

A. On October 2008, the Defendant made a false statement to the effect that, at a cafeteria located in the Chungcheongbuk, the Defendant would have a credit rating when she was married to the victim and Canadian, she would have a Canadian interest to move to the victim. However, upon the formation of a credit card under the name of NA, she would have a transaction performance and make a good settlement of the price. However, the Defendant did not have the intent or ability to marry with the victim at the time, and did not have any intent or ability to pay the credit card price even if he borrowed the credit card from the victim.

The Defendant, by deceiving the victim as above, obtained a national bank card, Samsung Card, and Slick Card from October 28, 2008 to April 14, 2009, by acquiring the same day from the victim, and acquired the pecuniary benefits equivalent to the total amount of KRW 15,367,320 on a total of 142 occasions, as stated in the crime list from October 28, 2008 to April 14, 2009, and did not pay the total amount of KRW 7,518,50,00.

B. On October 27, 2008, the Defendant made a false statement to the effect that, at a restaurant where it is impossible to know the trade name in the Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-si, the Defendant would not have any other trade name, and that, at the time of being married to the victim and having a Canadian interest, the Defendant would have to obtain a loan under the name of Canadian if she is a Canadian interest. The Defendant would have to obtain a loan under the name of Canadian if she is a Canadian interest. The Defendant would have repaid the loan. However, the Defendant did not have any intention or ability to marry with the victim at the time when she did not have any other income or property, and even if she did not obtain a loan under the name

The Defendant, as above, by deceiving the victim, was given KRW 16,631,00 from the victim a loan on the same day.

C. On January 29, 2009, the Defendant made a false statement to the effect that, within the vehicle that the Defendant was driven by the Defendant near the Daejeon-gu, Daejeon-gu, the Defendant changed the cost of the test to collect money that the Defendant would receive from the Defendant for the money that the Defendant would not recover. However, even if the Defendant received from the victim at the time, the Defendant did not have the intent or ability to recover the claim.

As above, the Defendant, by deceiving the victim as above, was given KRW 2 million from the victim’s occupation as a guard.

D. Around February 17, 2009, the Defendant made a false statement to the effect that, at a restaurant where the trade name of the dong-style shop located on the distribution page is unknown, the Defendant would have to obtain KRW 100 million from Daejeon, and that, if the Defendant would have lent KRW 10 million to the Defendant, he would have to complete the payment. However, the Defendant did not have the intention or ability to obtain the deposit office at the time, and did not have the intent or ability to obtain the loan.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim as the borrowed money in its place.

E. On April 2009, the Defendant made a false statement to the effect that, at the Seo-gu Busan Metropolitan City, the Defendant would not cause damage to the victim by settling the payment of the cost of the purchase of the mobile phone in the name of "the victim at the time of the purchase of the mobile phone in the name of "the victim would not have any damage by settling the payment of the cost of the purchase of the mobile phone in the name of the victim. However, the Defendant did not have any intention or ability to settle the installment, etc

피고인은 위와 같이 피해자를 기망하여 이에 속은 피해자로부터 피해자 명의로 가입한 휴대전화(XXX-XXXX-XXXX)를 교부받아 그 무렵부터 2009. 9.경까지 그 휴대전화를 사용하고도 할부금 및 사용대금 합계 1,687,000원 상당을 납부하지 아니하여 동액 상당의 재산상 이익을 취득하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including the part concerning the C5 statement);

1. Each police statement concerning leapC3, eC, Park C2, and YangC4;

1. Each written statement of leapC3;

1. Details of use of credit cards, real estate sales contract, real estate sales contract, debt certificate, certificate of collateral security, real estate register, registration certificate, certificate of title of real estate transaction, certificate of deposit, certificate of performance assurance, statement of loan repayment and payment method of interest payment, copy of passbook, high-class installment financing agreement, register of automobiles, deposit status in comparison with repayment plan, deposit account statement, financial transaction contents, loan loan and receipt, registration tax, deposit statement and receipt, deposit statement, deposit statement and receipt, automobile insurance certificate, purchase account statement, marriage certificate, resident registration certificate, transcript, record book, text pen. Details, driver's license, notarial deed, notarized certificate, deposit certificate, family register certificate, receipt, confirmation certificate, request for confirmation of credit recovery support, statement of demand transaction request, statement of free savings, statement of change of name, certificate of completion of real estate transaction, certificate of change of title of housing supply contract, apartment house sale right, sales contract, consent

1. Each complaint;

1. Each investigation report (report on correction of suspect's personal information, confirmation of suspect's gender, hearing of thisC1 telephone statement, reporting on confirmation of credit card numbers, hearing of the victim, etc. and submission of sales documents, and attachment of apartment supply contract form);

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Judges Han Han-Gyeong