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(영문) 인천지방법원 2016.04.20 2015고단4648
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 14, 2014, the Defendant was sentenced to imprisonment for a crime of fraud at the Incheon District Court, and on January 29, 2015, the judgment became final and conclusive on January 29, 2015.

1. On April 1, 2013, the Defendant is allowed to borrow a loan up to 80 million won when he/she is unable to obtain a normal loan due to low credit rating in the D office located in Gyeyang-gu Incheon Gyeyang-gu, Incheon.

“A false statement” was made.

However, the defendant did not have the intention or ability to lend to the victim.

The defendant deceivings the victim as above and was delivered KRW 3,00,000 in cash to the victim for the same day as the loan work expense.

2. On April 2, 2013, the Defendant should add the credit rating to the victim, separate from the loan work, at the foregoing office.

In the face of the head of the Tong and credit card, the card limit and credit rating can be increased through the card use, and at that time, up to 80 million won can be loaned.

The card price shall be repaid from the borrowed loan.

“A false statement” was made.

However, the defendant did not have the intent or ability to lend to the victim, and even if using the credit card of the victim, he did not have the intent or ability to pay the amount.

The Defendant: (a) by deceiving the victim as above; (b) paid the sum of 3,489,600 won, including the drinking value, taxi expenses, etc. on 13 occasions from April 2, 2013 to May 6, 2013; (c) by settling the sum of 3,489,600 won, from April 3, 2013 to May 24, 2013, the sum of 8,729,60 won in total with the said card with the said card, from April 3, 2013 to May 24, 2013.

3. On April 3, 2013, the Defendant made a false statement to the victim at the above office that “In order to provide a loan, the Defendant would have to purchase the mobile phone at a new price because it is necessary to purchase the mobile phone.”

However, the defendant loans to the victim.

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