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(영문) 수원지방법원 여주지원 2018.08.14 2018고단524
준사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 30, 2017, the Defendant was sentenced to a suspended sentence of four months for a violation of the Punishment of Tax Evaders Act at the Daejeon District Court on March 30, 2017, and one year.

4. 7. The judgment became final and conclusive.

A victim C is a person with intellectual disability of class III with no ability to understand the legal and economic meaning of the act of receiving credit cards or receiving loans, because the victim is born in 1981 but has a mental delay in the light of 50 in intelligence index, the social age is 8 years old and cannot be properly read and used.

Nevertheless, the Defendant, while operating a gas station, was in need of business funds, but it was impossible to obtain a loan under his/her name because credit rating is not good. On November 201, 2013, the Defendant introduced the victim who lacks the ability and intent to distinguish things as above through the nameless loan hub, and received the victim with a credit card issued in the name of the victim and used the loan.

1. The Defendant committing a credit card-related crime at the E oil station located in SPD on May 16, 2014, even if he/she was issued a credit card in the name of the victim and did not intend to pay the purchase price, even if he/she was personally used the credit card in the name of the victim, the Defendant settled the total amount of KRW 16,153,797, total by 259 times from May 20, 2014 to December 31, 2014 with the Samsung Card issued on May 20, 2014, using the mental and physical condition of the victim, and paying KRW 16,00 from the G convenience store located in F in SP as of May 20, 2014.

As a result, the defendant, using the mental disorder of the victim, acquired the victim's pecuniary profit by settling the above 16,153,797 won, thereby having the victim bear a debt equivalent to the same amount.

2. The Defendant committing a loan-related crime is, on November 19, 2014, at the E gas station located in Yongju City, around D, and the facts are, on a personal basis, granted a loan under the name of the victim.

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