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(영문) 전주지방법원 2019.01.09 2018고단146
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Fraudulent, computer, etc. fraud, theft;

A. The premise facts revealed that the Defendant, who operated a D agency with the trade name called “C” in the Dongdaemun-gu Seoul Metropolitan City B, was aware that the victim was somewhat intelligent while opening a mobile phone to the victim E, and that the victim was aware of a little number of intelligence, the Defendant would either receive money from the victim by deceiving the victim, receive a loan from the victim in the name of the victim, or obtain pecuniary benefits by using a credit card in the name of the victim, etc., and would have received repayment of his gambling debts, etc. or newly prepared gambling funds, etc.

B. Around May 2016, the Defendant made a false statement with the victim’s “Negrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

However, in fact, even though the Defendant was in a bad credit position at the time and was thought to be used as money for gambling, etc. by the victim, and thus did not have the intent or ability to repay the borrowed money to the victim, he received 300,000 won from the victim in the above manner from the victim to October of the same year and received 19,000 won in total from the victim in the above manner from the victim from October of the same year, as shown in the attached Table 1 of Crimes List 1, and acquired the pecuniary benefits of 158,630,000 won in total at seven times, as shown in the attached Table 1.

In this way, the defendant deceivings the victim, thereby deceiving 158,630,000 won from the victim.

C. On November 24, 2016, the Defendant was transferred KRW 2.9 million from a victim’s G passbook (H) in the name of E by inserting a cash automatic withdrawal machine from a victim G bank’s letter-dong branch located in Busan Metropolitan City F on November 24, 2016, obtaining a long-term card loan at his own discretion, and then arbitrarily inputting the secret number of the said card, and then inputting the maximum amount of loan from the victim to the G passbook (H).

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