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(영문) 대구지방법원 서부지원 2017.01.06 2016고단1230
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 4, 2012, the fraud Defendant: (a) around December 4, 2012, from the “C” sales store in the Defendant’s operation in the Gyeongbuk-gun, Chungcheongnam-do around December 4, 2012, the victim D “an amount is necessary.”

To lend money, 3 to 5 interest will be paid.

If there is no money, a card shall also be given. Interest shall be given.

The phrase “ makes a false statement.”

However, in fact, the defendant was liable for personal debt equivalent to KRW 50 million at the time and liabilities for modern capital loan amounting to KRW 20 million, and even if he borrowed credit card from the injured party due to bad financial standing, he did not have any intent or ability to pay the price and interest even if he borrowed the credit card from the injured party due to bad financial standing, although he has to pay interest of KRW 4 million in one month.

The Defendant: (a) by deceiving the victim as above; and (b) obtained the No.C. debt support card and the No.C. card under the victim’s name from the victim; and (c) purchased the agricultural machinery around December 4, 2013; (b) paid KRW 1,00,000 out of the purchase price with the No.C. loan support card; and (c) paid KRW 3,000,000 in total with the said Non-C. and acquired pecuniary benefits equivalent to KRW 4 million.

2. From January 21, 2013 to August 5, 2013, the Defendant, at the above “C” sales store around January 18, 2013, used the credit card and repaid the price.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, the defendant was liable for personal debt equivalent to KRW 50 million at the time and liabilities for modern capital loan amounting to KRW 20 million, and even if he borrowed credit card from the injured party due to bad financial standing, he did not have any intent or ability to pay the price and interest even if he borrowed the credit card from the injured party due to bad financial standing, although he has to pay interest of KRW 4 million in one month.

The defendant deceivings the victim as above, and thereby his card is a new card with the victim's name from the victim.

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