(영문) 대구지방법원 김천지원 2014.03.19 2013고단980

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2014.03.19 2013고단980

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 2010, the Defendant was unable to use a credit card under his/her name upon the individual rehabilitation decision. From March 201, the Defendant was issued a credit card under his/her name with the victim C and paid the price on the settlement date. However, from February 2012, there was no intent or ability to pay the price even if the Defendant used the credit card even if he/she used the credit card due to the aggravation of economic circumstances, such as the cumulative amount of overdue payment from February 201.

Nevertheless, on February 2, 2012, the Defendant made a false statement to the effect that “In order to operate the same coffee shop, it is necessary to make a down payment, and even if possible, it is required individually to make a credit card loan with a credit card of the party, and if the loan is made, the Defendant is responsible for and repaid the principal and interest for a two-year installment period.”

However, the Defendant had no intent or ability to repay the credit card loan even if he/she received the credit card loan due to the aggravation of the economic situation as above, and was trying to use the credit card price in the name of the victim used prior to the above credit card loan.

Accordingly, the Defendant: (a) by deceiving the victim as above; (b) obtained a credit card loan of KRW 4,000,000 from the victim; and (c) thereafter, acquired the pecuniary benefits equivalent to KRW 9,220,000 by using the victim’s card from March 28, 2012, such as the statement in the victim’s list of crimes.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Some statements (including the C's statement) of the police suspect interrogation protocol against the accused (two :42 %)

1. Each police suspect interrogation protocol against the accused (one right, 14, 34 pages) (excluding the part of the statement that the accused was accused, and the part of the statement C);

1. Statement to C by the police;

1. C’s petition;

1. Wire telephone of C, the complainant of the investigation report; and

유사 판례

-서울고등법원 2017.12.01 2017노1965

-대전지법 서산지원 2003. 12. 19. 선고 2003고단622 판결

-광주지방법원 2020.11.27 2020고단4642

-대전지방법원 2015.04.21 2015고단438

-인천지방법원 부천지원 2012.02.03 2009고단1105