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(영문) 부산지방법원 동부지원 2016.06.17 2015고정1329
사기등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Fraud;

A. On April 17, 2014, the Defendant stated that “A victim C’s house located in Seongbuk-gun, Sung-gun, Sung-gun, would be repaid each month with the amount that the victim would enter every three million won from June 2014, even if he/she had not paid studio house and received the loan,” and that “I would be repaid each month with the amount that entered every three million won from June 2014.”

However, the fact did not have the intent and ability to pay the credit card user fee even if the card is lent to the injured party.

On April 17, 2014, the Defendant: (a) by deceiving the victim; (b) purchased 9,000 won using the Defendant’s card borrowed from the victim; and (c) acquired pecuniary benefits equivalent to the same amount by using KRW 10,766,950 over 116 times from around that time to June 22, 2014, such as the details of use of the attached Korean card, and failing to pay the price.

B. On June 18, 2014, the Defendant stated that “The Defendant would make payment to the Defendant in the same manner as Paragraph 1 on the face of the Plaintiff’s credit card with the use of our card,” at the E gas station located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, the Defendant made a false statement to the Defendant.

However, the fact, however, did not have the intention and ability to pay the credit card even if the card was used by the injured party.

On June 18, 2014, the Defendant: (a) by deceiving the victim; (b) provided the victim with an oil equivalent to KRW 47,00 with the agricultural card borrowed from the victim; and (c) provided 880,900 over 27 occasions from around that time to June 22, 2014; and (d) did not pay the price, thereby obtaining pecuniary benefits equivalent to the said amount.

(c)

On April 29, 2014, the Defendant rendered a false statement to the victim C’s house located in Seongbuk-gun, Seongbuk-gun, Kim Jong-gun, stating that “The Defendant would receive a loan from the mother of five million won to pay the expenses for the mother of his/her hospital, and would have repaid the loan in the same manner as that of paragraph (1).”

However, in fact, the defendant did not have the intent and ability to repay the loan.

The defendant deceivings the victim as such.

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