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(영문) 청주지방법원 2018.10.05 2018고정310
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Fraud;

A. On January 2017, the Defendant made a false statement on the victim’s D restaurant operated by the victim C in the Cheongju-si, Cheongju-si, the Defendant borrowed KRW 1.5 million to the land owner on two occasions because he/she received the money from the land owner in excess of KRW 500 million. In other words, the Defendant borrowed credit card without cash.

However, in fact, the Defendant did not have any money to receive a credit card from the beneficiary, and even if he borrowed a credit card from the victim and used it, there was no intention or ability to pay the credit card price.

The Defendant, by deceiving the victim and using the credit card in the name of the victim from the victim, did not pay KRW 339,00 for the credit card payment in January 2017, and did not pay KRW 2,624,30 for the credit card payment in February 2017, KRW 2,963,30 for the total amount of KRW 2,963,330 for the credit card payment.

B. On February 3, 2017, the Defendant: (a) around February 3, 2017, at the restaurant of the above victim, the Defendant left the victim with electricity not paying electricity to operate the factory in E.

In order to receive money from the author, the author made a false statement on the "To pay electricity tax on behalf of others."

However, in fact, there was no money to receive the Defendant, and even if the victim paid the electricity tax on behalf of the Defendant, there was no intention or ability to pay it.

As such, the Defendant, by deceiving the victim, had the victim pay one million won with electricity as electricity, thereby acquiring economic benefits equivalent to the same amount.

(c)

On February 21, 2017, the Defendant made a false statement to the victim at the restaurant of the above victim “(70 million won) contract, and the down payment of KRW 500,000,000 after 3 days in the public air delivery market.” The Defendant borrowed KRW 500,000,000 to the victim.

However, the defendant did not have a contract for construction, and even if he borrowed money from the injured party, he did not have an intention or ability to change it more than three days.

The Defendant, as such, deceiving the victim and deceiving him, shall borrow money from the victim.

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