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(영문) 창원지방법원 2018.07.20 2017고단4304
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a E store employee who sells electronic equipment on the third floor of the DMat located in the Gu, Changwon-si, Changwon-si.

On April 2015, the Defendant purchased electronic equipment within the above E shop and received the stolen goods from the victim F, “If payment is made by credit card at the time of selling electronic equipment cash, credit card points or E store points are accumulated.

B. If a credit card is lent to B, the payment shall be made by credit card as much as the cash sales amount, and the payment shall be made by transferring to the account in accordance with the settlement date.

An alternative means that "the company will give him/her with an article," and around May 2015 and July 2015, the company received the modern card under the victim's name and the lot card from the victim and paid the price to the cash sales after settling the credit card in the victim's name.

The Defendant may purchase a mobile phone free of charge to the victim who intends to purchase a mobile phone on March 2016 when he/she uses the credit card in every month or several million won.

If a credit card is lent more, it is false that the credit card will pay for the cash sales amount by credit card and transfer the settlement amount to the account in accordance with the settlement date.

However, in fact, the Defendant was merely liable for financial rights equivalent to approximately KRW 30 million, and without any particular property at the time, received the payment of KRW 3.5 million from KRW 2.5 million to KRW 3.5 million for each month, but the account of personal living expenses, etc. in addition to cash sales was made with the card of the victimized party, and there was no intention or ability to pay the card price normally as his/her wage or property, such as that the monthly credit card settlement amount exceeds KRW 20 million.

As such, the Defendant, by deceiving the victim and using the credit card issued to the bank under the victim’s name around that time from October 2016 to June 2017, including obtaining property gains equivalent to the sum of KRW 16,271,763 in arrears of the credit card payment from around October 2016, and adding up the sum of arrears in the attached list of crimes in the annexed sheet of crimes in the annexed sheet of crime.

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