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(영문) 대전지방법원 2014.01.03 2013고단3084
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 14, 2013, the Defendant was sentenced to eight months of imprisonment for a crime of fraud, etc. in the Daejeon District Court’s Incheon Branch Branch on December 14, 2013, and the said judgment became final and conclusive on December 27, 2013.

The Defendant, around April 2012, at the E-Si (FC) education office of Samsung Life Insurance D branch in the Dong-gu, Dong-gu, Chungcheongnam-gu, Yan-gu, the Defendant said, “FC,” the victim E, “FC, as if he/she were to invest in the scrap metal business and to purchase a gratization at the F-house operated by the inside, he/she would have flatized the credit card after 2-3 days from the credit card company. When he/she borrowed the said scrap metal business investment fund through the said credit card settlement, he/she would have to pay the principal interest plus one million won after 15 days after

However, in fact, the Defendant did not have any particular property as the bad credit holder at the time, and in fact did not have invested or had been engaged in the said scrap metal business, so there was no intention or ability to repay the above money even if it was borrowed from the victim.

On the 26th of the same month, the Defendant, by deceiving the victim as above, had the victim pay a credit card amounting to 3 million won at the above new store around the same month, and had the victim pay a debt equivalent to the above card amount, and acquired property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E;

1. Documents and details of transactions of modern cards;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., unregistered records of dispositions, reports on results of confirmation, and investigation reports (report attached to judgments, etc.);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant misleads himself/herself and repents them, and the crime of this case is the latter concurrent crimes under Article 37 of the Criminal Act, and the judgment has already become final and conclusive.

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