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(영문) 서울서부지방법원 2014.05.28 2014고단351
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant stated, around October 30, 2010, at the victim net C’s house located in the Gyeonggi-si B apartment 109 Dong 1406, Gyeonggi-si, Gyeonggi-si, that “The Defendant would lend the money to the victim five (5) interest if he/she lends the money, and repay the money to the victim by May 30, 201.”

However, there is no particular property or income, and even if the defendant borrowed money from the victim, he did not have the intention or ability to pay normally.

Nevertheless, as above, the Defendant, by deceiving the victim and deceiving it from the victim, obtained KRW 2 million from the victim's position, KRW 2 million around November 16, 201, and KRW 4 million around November 27, 2010, and acquired KRW 8 million in total as the borrowed money.

2. On April 201, the Defendant stated that “If a credit card is lent to the victim, it shall be repaid well to the victim.”

However, the defendant did not have any intention or ability to pay the price normally even if he borrowed a credit card in the name of the victim because there is no particular property or income.

Nevertheless, the Defendant, by deceiving the victim as above, obtained five copies of credit cards in the name of the victim (KB national card, lot card, new card, modern card, Samsung Card, and one copy of the Samsung Card) from April 1, 201 to May 31, 201, and acquired financial benefits equivalent to the said amount by deceptioning the victim by failing to pay the amount of KRW 15,625,866, even though the Defendant used the credit card in the name of the victim as described in the attached crime list from April 1, 201 to May 31, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a loan certificate and a copy of card subscription application;

1. Article 347 (1) of the Criminal Act applicable to the crime (the point of fraud and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act:

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