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(영문) 청주지방법원 2019.10.24 2019고단1464
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Cheongju District Court, and the judgment became final and conclusive on February 13, 2017.

On June 2014, the Defendant stated that “The Defendant would sell the goods to the business operator and immediately repay the goods with the profits if he/she lent the goods to the business operator,” by posting a telephone to the victim B who was known from around 2004 to the same business operator.”

However, on March 2014, the Defendant had no intent or ability to repay borrowed money or pay credit card bills, even if the Defendant borrowed money from the victim or made the payment by credit card in lieu of the price for goods by borrowing money from another person or having another person pay money by credit card from a large store. As such, the Defendant continued to purchase large amounts of electronic equipment from a large store in order to prevent profits during the continuous transaction of profits.

Nevertheless, the Defendant, as seen above, by deceiving the victim B and receiving five million won as the price for the goods from the victim on May 15, 2015, and from that time, obtained money from the victim on 16 occasions from July 17, 2015 as stated in the list of crimes in the attached Table, and acquired pecuniary gains of KRW 348,076,00 in total by means of transfer of money from the victim to the account or payment of the price for the goods by credit card and payment of the price for the goods.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Details of conversation;

1. Details of transactions in each account;

1. Details of approval for each credit card (E card, F card, G card, H card, and I card);

1. Copies of the details of complainants' cards transactions;

1. A copy of a copy of the record of the loan taken by the suspect;

1. Criminal records, inquiry reports, and criminal records and judgments of the same kind; and

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