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(영문) 서울서부지방법원 2015.11.12 2015고단2200
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

Around November 2012, the Defendant stated that “D” located in Jung-gu Seoul Metropolitan Government, Seoul, refers to a victim E to a juice company with its head office located in B and C in the United States. A credit card loan may be changed until the credit card is reissued because of the loss of land A, and the credit card would be repaid later. In addition, the credit card payment used until it is reissued will be repaid later. If money needs to be lent out of business funds, the money would be repaid after being financed.”

However, in fact, the Defendant did not know the university in the United States, and did not enter the juice company with the headquarters in Corco, and had no other revenue, and had the intent to use the card or money for personal living expenses even if it was used or received from the victim, so there was no intention or ability to pay it.

Ultimately, the Defendant, as seen above, obtained the victim’s card from the victim’s name from December 1, 2012 to February 3, 2013, and used the total amount of KRW 9,221,180 over 112 times, such as the statement in the annexed crime list 1, as shown in the annexed crime list 1, and then withdrawn and used the total of KRW 4,321,100 over 16 times as indicated in the annexed crime list 2, and acquired the pecuniary benefits equivalent to the above amount by means of not paying the price. From December 17, 2012 to April 10, 2013, the Defendant acquired the victim’s total of KRW 12,150,000 on nine occasions, as indicated in the annexed crime list 3, from around December 17, 2012 to April 10, 2013.

"Around February 24, 2015, the Defendant called "a 600,000 won, if he/she borrowed KRW 600,000,000,000, it is necessary to pay off the cards by the due date."

However, in fact, the defendant did not lose the card locks, and he had the intention to use the money received from the victim as living expenses, etc. without any certain income, which is money from the victim.

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