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Reasons
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(영문) 전주지방법원 2016.08.17 2016고정515
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On May 18, 2015, the Defendant made a false statement to the effect that, at the house of the victim C (65 years of age) in Dongdaemun-gu, Seoul Special Metropolitan City on May 18, 2015, the Defendant would have paid off the amount of KRW 500,000 (50,000,000) to the victim.

However, even if the defendant borrowed the above money from the injured party, the defendant did not have the intent or ability to repay it.

The Defendant, as such, deceiving the victim and transferred KRW 500,000,000 on the same day from the victim to the credit union account (Account Number D) in the name of the Defendant, from that time, from that time, to that time.

6. Between 29.2 and 29. A total amount of KRW 10,200,000 was delivered over 11 times as shown in Appendix Nos. 1 through 11.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 3, 2015, the Defendant made a false statement to the effect that “The credit card price used by lending the credit card used to the victim at an influent place shall not be damaged by paying it in installments on the card settlement date.”

However, the defendant did not have the intention or ability to pay the price even if he borrowed the card from the damaged person.

As such, the Defendant, by deceiving the victim, received a credit card copy from the National Bank under the name of the victim, from the victim, and purchased goods equivalent to KRW 164,50 on the same day (State) from SB tin, from that date, from that time, to that year.

7. From June to 14, the victim did not pay a total of KRW 1,364,500 over three occasions as shown in the table of annexed crimes Nos. 12 to 14, and did not pay a total of KRW 1,364,50, and acquired property benefits equivalent to that amount by subrogation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including part concerningC statement);

1. Statement made by the police against C;

1. A complaint;

1. Each investigation report;

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