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(영문) 부산지방법원 2017.04.14 2017고단690
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud against AR;

A. The Defendant shall call the victim at the Busan Jin-gu Busan (hereinafter referred to as the “Uin-si”) on March 26, 2015 and deposit the victim with the Zin-gu branch office located in this mother and pay interest at 6.5% per month.

“.....”

The Defendant received KRW 20,200,000 from the person who believed the Defendant to the Agricultural Cooperative Deposit Account in the name of the Defendant on the same day, and received KRW 123,80,000 in total over 14 times from around that time to October 28 of the same year as in the list of crimes (attached Form).

However, in fact, the Defendant did not deposit KRW 20,200,000 remitted from the injured party at the above Nonghyup branch, but planned to use it as the price for the purchase of cosmetics for one’s business of selling cosmetics. While there was no particular property at the time, the Defendant did not pay a large amount of liability, and did not keep any profit from the business of selling cosmetics, so the Defendant did not have any intent or ability to return the principal as well as interest of 6.5% per month to the injured party.

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

B. On April 26, 2015, the Defendant who acquired profits from the use of credit cards by fraud will pay the credit card to the victim “after paying and cashing the card at Amole agency, and then deposit the interest with the said Amole branch and pay the card.”

“.....”

After the Defendant received the victim’s “slick Card” from the victim’s reliance on the same day, the Defendant paid 2,800,000 won of the cosmetic in Busan J in terms of Amo-gu, Busan. From around that time to August 25, 2015, the Defendant received a credit card, such as the said cards, from the injured party around the 19 times near the 19th century.

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