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(영문) 부산지방법원 2013.07.23 2012고단9503
사기등
Text

A defendant shall be punished by imprisonment for one year.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 22, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act in the Busan District Court on May 23, 2013, which became final and conclusive on May 23, 2013.

On December 20, 2010, Defendant, D, and E told the victim C to “If the owner of an apartment shop displays the commercial building set up a cover for the urgent need for the payment of the money, then the intermediate payment shall be paid by us, and the remainder may obtain profits from the market price by selling the commercial building at a close price by finding a new purchaser, after the owner transferred the ownership of the commercial building on the security of the contract.”

In fact, Defendant, D, and E did not have the intention or ability to purchase commercial buildings and to give the victim the profit from the market price.

1. On December 20, 2010, the Defendant of fraud using a credit card made the victim obtain profits from the market price through the above trade in the above coffee shop and received a new credit card from the victim on January 20, 2011, by saying, “The expenses are needed to promote the virtual trade. It is needed to use it for the expenses. It is different from the credit card because, even if the sale and purchase of a commercial building is not sexually formed, if the card is used, it will be repaid to the extent that the details remain.” Accordingly, the Defendant received one exchange card from the victim, one national card, and one Samsung Card from the victim on his/her job, and received a new credit card from the victim around January 20, 201.

On December 20, 2010, the Defendant, in collusion with D, used the victim’s Samsung Card to use KRW 1,550,000 with the victim’s Samsung Card, from that time until February 8, 2011, the Defendant enticed the victim and acquired pecuniary profits by using the victim’s credit card amounting to KRW 33,296,608 on a total of 86 occasions by using the victim’s credit card Chapter 1 through 4, as described in the attached crime List 1 through 4.

2. Fraud to purchase automobiles;

A. D around December 23, 2010, it is difficult for the victim to prepare a down payment for the sale of commercial buildings.

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