(영문) 인천지방법원 2014.11.20 2014고단2633

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(영문) 인천지방법원 2014.11.20 2014고단2633

사기

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

Reasons

Punishment of the crime

On August 18, 2011, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on December 16, 201.

1. On May 29, 2013, the Defendant made a false statement to the victim C, stating that “The mobile phone fee is a mobile phone name that will be settled without any internal flachising,” to the victim C.

However, at that time, the defendant had no intention or ability to pay the terminal price and the user fee, even if he opened and used the mobile phone in the name of the victim because the defendant was in bad credit standing due to previous debts, and there was no plan to raise funds.

The Defendant had the victim open a cell phone in the “E” office located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon. On May 31, 2013, the Defendant had the victim open a cell phone in the name of the victim, and had the agent open a cell phone in the name of the victim and received two cell phoness equivalent to the total market price of KRW 1,577,00 in the above agency. The Defendant acquired profits equivalent to the total amount of KRW 2,919,020 using the above cell phone.

2. On June 21, 2013, the Defendant made a false statement to the victim C that “If two months exist, the Defendant would lend the name of the loan to the victim, and only to the extent that two months are used and repaid.”

However, at that time, the defendant did not have any intention or ability to repay the loan within two months, even if he/she received the loan under the name of the victim because he/she was in a bad credit standing due to the previous debt.

The Defendant had the victim get a loan of KRW 20 million in the name of the victim from the SCR Capital, and had the victim use it for the purpose designated by the Defendant, and acquired the same amount of pecuniary benefits.

3. The Defendant, at around June 20, 2013, uses a credit card to the victim at the place of Buddhist land.

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