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(영문) 대구지방법원 서부지원 2014.10.24 2014고단365
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On January 25, 2005, the Defendant: (a) was divorced with the previous wife; and (b) was able to live in a bad credit position; and (c) was aware of the victim C through the Internet hosting site around August 2009, when the Defendant was able to find out the work at the site of dead labor or Internet optical cable construction without a certain occupation; and (d) thereafter, Daegu, Incheon, etc. was discharged from the said victim.

Since September 2009, when there was a need to pay money such as living expenses from around September 2009, the Defendant got married to the said victim while stating that “When installing the Internet optical cable, if the expenses and incidental expenses are needed, the Defendant lent the money and the card, then he would complete the payment of money after performing the Internet optical cable construction.” The Defendant was aware of the victim, who received the card from the victim and received the card in the name of the victim.

1. On September 2009, the Defendant made a false statement to the effect that “If a credit card is lent, it will settle the account on the monthly settlement day” while making the victim’s statement to the effect that “The above victim’s house located in the Da apartment 508 Do 1302, Manpo-si, Gyeonggi-si, Gyeonggi-si.”

However, the defendant did not have a certain occupation or property with a bad credit, and because he did not perform the Internet optical cable construction, he was issued a credit card from the victim and did not have an intention or ability to settle the use price even if he used it.

Around September 18, 2009, the Defendant received the victim’s national card from the victim, that is, the Defendant used KRW 8,164,30 in total from around that time to around March 16, 2010, as shown in the attached crime sight table 1, as well as from around September 18, 2009.

Accordingly, the defendant did not pay the national card even after deceiving the victim, thereby acquiring property benefits equivalent to the same amount.

2. The Defendant was guilty of the borrowed money as above, around September 29, 2009.

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