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(영문) 창원지방법원 밀양지원 2018.10.18 2018고단273
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 29, 2016, the criminal defendant against the victim C made a false statement to the effect that “I will use a credit card loan to the victim and pay the price to the victim” at the laundry operated by himself/herself, who was located in Gyeong-gun, Gyeong-gun, not in Seoul, on or around February 29, 2016.

However, the defendant did not have an intention or ability to pay the price normally even if he used a credit card of the victim, in excess of his obligation, such as the defendant's burden of large amount of bonds without any special property and the interest can not be paid properly.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained a visa card (E) in the name of the victim from the victim; (c) used a total of KRW 41.9 million from around that time to February 28, 2017; and (d) did not pay KRW 23.5 million out of that price; and (b) obtained pecuniary benefits equivalent to the same amount.

2. On April 10, 2017, the criminal defendant against the victim F is in need of KRW 3 million urgently due to the victim’s telephone at a non-permanent place.

A false statement was made to the effect that a person would repay money within one month from the lending of money.

However, the defendant did not have any intention or ability to pay a large amount of bonds within one month even if he/she borrowed money from the injured party in excess of his/her obligation, such as bearing a large amount of bonds without any special property and paying the interest properly.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained 3 million won from the Defendant’s G account in the name of the Defendant on the same day from the injured party; and (c) obtained 3 million won from the Defendant’s G account in the name of the Defendant; and (b) obtained it

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Details of use of credit cards, card sales table, and account details;

1. Application of Acts and subordinate statutes as a result of transfer management;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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