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(영문) 부산지방법원 동부지원 2013.12.10 2013고단2887
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At the time of 2009, the Defendant was in bad credit standing with the debt of KRW 24 million, and the Defendant’s management “B” was also in bad credit standing.

1. Fraud against the victim C (D before life expectancy);

A. On November 13, 2009, the Defendant stated that “The Defendant received building cleaning services from the lower end of Busan, Gyeonggi, Daejeon, and F on the part of the Defendant’s restaurant operated by the victim in Busan, Daegu, Busan, the Defendant stated that “In order to enter into a contract, there is no money that should be included in the security deposit. There is no money to be paid. There is no money borrowed from the security deposit. If the security deposit is paid, the Defendant would receive the down payment within three days.”

However, even if the defendant received money from the victim as the security deposit for the building cleaning service, he did not have any intention or ability to pay it normally.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the account of community credit cooperatives under the name of the Defendant, KRW 2 million on the same day, KRW 3.7 million on November 25, 2009, and KRW 10.9 million on November 26, 2009.

B. On December 16, 2009, the Defendant stated that “The Defendant borrowed credit cards to the customer because there is no money to contact with the customer. If the Defendant received money from the customer, it would pay the card price.”

However, even if the defendant received a credit card from the victim, he was thought to use it for his personal purpose, and he did not have the intention or ability to use it in contact with the customer.

As such, the Defendant, by deceiving the victim, received Samsung Card from the victim, and then acquired the same amount of proprietary benefits by using the amount equivalent to KRW 1,172,092 over 25 times from December 16, 2009 to February 19, 2010 as indicated in the annexed crime list, and not paying the price.

C. On February 23, 2010, the Defendant stated that “the Defendant was living together with the victim at the same place.”

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