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(영문) 수원지방법원 평택지원 2017.09.27 2017고단1670
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 7, 2015, the Defendant: (a) from “D” operated by the Defendant on December 7, 2015, the Victim E (43 tax) was insufficient to purchase the sports card for collection.

If the loan of KRW 19 million is made, the interest of the party shall be paid at 4% per month and the principal shall be repaid after one year.

“.......”

However, the Defendant had no intent or ability to pay interest and principal, as promised, even if he/she borrowed money from the injured party because he/she thought that part of the money borrowed from the injured party was used for the purpose not related to the sports card, such as the cost of purchasing the game items, etc., while operating the sports card trade without any particular property.

In the end, the Defendant, by deceiving the victim by the above method, obtained a copy of the check in front of the victim himself/herself on the same day from the victim.

2. On January 13, 2016, the Defendant: “The Defendant lacks business funds” to the victim at the places specified in the preceding port.

A loan of KRW 6 million shall be repaid with the first loan of KRW 19 million.

“.......”

However, the defendant did not have any intent or ability to pay money even if he borrowed money from the injured party because the defendant continued to operate the sports card trading business.

Ultimately, the Defendant, by deceiving the victim by the above method, received 6 million won from the victim to the bank account (Account Number:F) in the name of the Defendant.

3. On April 2016, the Defendant used the money borrowed from the victim’s house in Gangnam-gu Seoul Metropolitan Government G 104 to games, etc.

However, the sports card trading business is expected to settle the amount of the sports card with a punishment credit card because it is possible to reorganize the business again on the face of the main day.

The card price will be fixed to the date of the decision.

“.......”

However, the defendant is true.

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