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(영문) 대전지방법원 천안지원 2020.07.22 2019고단3135
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 3135"

1. Fraud against the victim B;

A. On March 23, 2019, the Defendant borrowed money by account transfer: “Around March 23, 2019, the Defendant concluded that the Defendant would receive money from the victim, who was fluent and fluent by having a consultation about delivery on the Internet CKaf, with the oil value needed to put in the vehicle. The Defendant would receive money at the end of March 2019.”

However, in fact, the defendant was planned to consume the money received from the victim as living expenses, etc. and had no intention or ability to repay the money due to the absence of any particular property or profit while the debt was accumulated to the extent that the individual rehabilitation is requested due to large amount

The Defendant, by deceiving the victim as above, received KRW 400,000 on the same day from the victim to a non-corporate bank account in the name of D managed by the Defendant, and received a total of KRW 17,450,000 from the time to May 8, 2019 by the above method as shown in attached Table 1, as well as from the time to May 8, 2019.

B. On March 30, 2019, the Defendant: “Around March 30, 2019, the Defendant entered the Plaintiff with a credit card or mobile phone small-sum payment charge in the vehicle, namely, “the oil value and material cost is required. In the absence of cash, the Defendant purchased mobile payment with a credit card under the victim’s name and added the PIN number so that it can be used and repaid.”

However, in fact, the defendant was planned to consume the money received from the victim as living expenses, etc. and had no intention or ability to repay the money due to the absence of any particular property or profit while the debt was accumulated to the extent that the individual rehabilitation is requested due to large amount

As above, the Defendant, by deceiving the victim as above, obtained an amount equivalent to KRW 20,400 from the mobile money that was settled by credit card in the name of the victim at around 17:01 on the same day from the victim, and from that time to May 21:50, 2019, as shown in attached Table 2, shall be deemed as follows.

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