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(영문) 수원지방법원 성남지원 2020.01.08 2019고단593
사기
Text

A defendant shall be punished by imprisonment for six months.

All of the applicants for compensation are dismissed.

The facts charged of this case.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On May 2016, the Defendant stated that “The Defendant shall lend money to the victim E office in the Daegu-gu Office Co., Ltd. with D3rd degree of money” to the victim B.

However, in fact, the Defendant had already been liable for approximately KRW 20 million, and there was no other economic circumstance such as being in the process of the individual rehabilitation procedure, and even if the Defendant’s payment alone is insufficient to cover the existing debt repayment, there was no intention or ability to repay the debt from the victim.

On May 21, 2016, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the F’s account under the name of borrowed money and received KRW 1 million from around that time to April 7, 2017, as indicated in attached Table 1-1-7, a total amount of KRW 9.6 million as the borrowed money, as stated in attached Table 1-7, from around that time to around July 2017.

B. On April 2017, the Defendant made a false statement at the above E office that “If a credit card is lent to the victim, the credit card payment will be paid. It is between the workplace and the face being viewed every day, hinger, and at the end, to settle the card payment at the monthly salary.”

However, the Defendant did not have the intent or ability to pay the price even if he uses the victim’s credit card due to the lack of economic circumstances, such as the statement 1(a).

The Defendant, by deceiving the victim, obtained the victim’s G card, H card, I card, and J card under the victim’s name, used the credit card equivalent to KRW 1,866,630 in total, around April 2017, and obtained pecuniary benefits from the credit card equivalent to KRW 17,823,60 in total, as indicated in attached Table 1-8 through 13, from around that time to September 2017, the Defendant used the credit card equivalent to KRW 17,823,60 in total, as indicated in attached Table 1-1 to 13.

Accordingly, the defendant is the victim.

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