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(영문) 대전지방법원 천안지원 2016.01.29 2015고단1789
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On 2012, the Defendant, who operated a restaurant in around 2012, instructed to urge the Defendant to pay back his debts to the surrounding areas and to live a living environment due to the additional spread of the business and the street of the restaurant, used a credit card under his own name and used money to use it for living expenses, etc. by lending money from all persons who are in a cafeteria.

1. On July 2012, the Defendant forged a private document and the instant investigation document: (a) on the “E cafeteria” operated by the Defendant at Seocho-gu, Seocho-gu, Seocho-gu; (b) on the basis of the weather of the Defendant’s possession of the said C’s resident registration certificate, the Defendant carried C’s possession of the said C’s resident registration certificate against F, who is the solicitor of Samsung Card Card; and (c) on the passenger registration number column, “C”, “G”, “H” in the cell phone column, and “C” in the Jeju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and his personal name column, signed by the Defendant to the said F; and (d) issued it to the said F.

Accordingly, for the purpose of exercising authority, the Defendant forged and exercised one application form for membership of Samsung Card Member under C, a private document on rights and obligations without authority.

2. Fraud;

A. On July 13, 2012, the Defendant purchased goods worth KRW 100,347,219,00 from that time until January 6, 2015, including the purchase of goods equivalent to KRW 61,680, in the name of Samsung Card issued in the same manner as that of the preceding paragraph from the “K Emt” located in the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul.

B. On May 27, 2014, the Defendant made a false statement to the victim N in the restaurant located in Seo-gu L in Seo-gu L in Seo-gu, Seo-gu, Incheon, stating that “When he/she promptly lends 25 million won as he/she is in need of money due to his/her accident, he/she will pay 5 additional interest within two months if he/she lends 25 million won.”

However, in fact, the defendant's words that the accident occurred was the expression that the defendant raised to borrow money from living expenses or other creditors, and even if the above money was borrowed, the defendant's intent to pay it as agreed.

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