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(영문) 춘천지방법원 원주지원 2013.10.16 2013고정280
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 6, 2011, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for six months for fraud, etc. in the Chuncheon District Court's original state branch on September 15, 2011, and the judgment became final and conclusive.

1. On January 22, 2010, the Defendant stated that “The Defendant shall pay back money to the Victim C with the face value of KRW 9 million in the face value of KRW 28 million in the face of the provisional seizure deposit to the Defendant, if he/she lends money to one capital, he/she shall be paid immediately. In addition, the Defendant shall borrow money from one another by using the credit card of the Party for the remainder of the security deposit, excluding the amount borrowed by the Party. As such, the Defendant shall borrow money from one another with a personal credit card for the remainder of the security deposit, excluding the amount borrowed by the Party.” As a security, the Defendant said that “I use money three days after the date on which he/she reduces the check card.”

However, at the time, there was no amount of KRW 28 million for the Defendant’s sale of shares, and there was no reason to deposit money in the account linked to the physical card held by the Defendant. Therefore, the Defendant did not have the intent or ability to pay the amount of money borrowed from the victim and to pay the credit card to the victim even if it was used with the victim’s credit card.

On January 22, 2010 through January 27, 2010, the Defendant received the victim’s cream card from the victim, and obtained the victim’s cream card on the same day, and used the total amount of KRW 1,827,00,00 in total nine times from January 22, 2010 to January 27, 2010, and thereby acquired the same amount of pecuniary benefits due to the Defendant’s failure to repay it. On January 29, 2010, the Defendant acquired 6,50,000 won from the D car owned by the victim as collateral.

2. On February 2, 2010, the Defendant stated that “If the Defendant resisted the Defendant’s failure to repay the vehicle security loan as above, the Defendant would recover the vehicle offered as security if the Defendant borrowed KRW 5 million, but only KRW 2 million. In addition, the Defendant provided that the Defendant would receive money as security from the Gangwon E real estate.”

(b) however,

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