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(영문) 전주지방법원 2018.07.05 2017고단2063
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Fraud related to the victim C:

A. On November 2016, the Defendant was committed as if he were the victim C, working at the D restaurant located in Kim Jong-si, stating that “The father was succeeded to KRW 2.1 billion by having his father operate a big maintenance shop in the father, and received KRW 5.3 million as monthly salary from the mix of Kim Jong-dong’s wall frames.”

In December 2016, the Defendant heard the victim’s son’s speech that he would be tried in connection with the criminal case from the victim’s son in the Defendant’s house located in Kim Jong-si, Kim Jong-si, and stated that “At that time, the Defendant sent the victim a shot tin tag to the police, prosecutor, and lawyer at that time, he knows that there is a need to solve these problems through that person,” and around January 2017, the Defendant may receive KRW 700 million worth (the civil litigation result was scheduled to go around April 2017). If the Defendant paid the down payment to the Defendant, he would pay the balance if he would use the credit card and make a full payment if he would need to do so, and he would make a full payment upon request by the mother of the credit card.”

However, in fact, the defendant did not have the ability to resolve the problem of the victim through police or legal professionals, and there was no inherited or ongoing civil procedure, and there was no property or income as a bad credit, and even if he did not receive credit card from the victim, he did not have the intent or ability to pay the card price of the victim because he did not want to use it as living expenses or entertainment expenses.

Nevertheless, the Defendant, by deceiving the victim, received four credit cards, such as the cards, from the victim, and paid 50,000 won at the F station around January 4, 2017, as well as the payment of 50,000 won at the F station around January 4, 2017. The Defendant extended 46 times in total, as shown in attached Table 1, from that to March 9, 2017.

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