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(영문) 광주지방법원 목포지원 2014.02.20 2013고단1626
사기
Text

The punishment of the accused shall be three years of imprisonment.

except that the above sentence shall be executed for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From 200 to 200, the Defendant operated the E gas station located in Yongnam-gun D, and had 1.6 billion won loans to the above gas station as security, and 1.5 million won credit payments to the Hyundai Mam Bank. Since the lack of operating funds of the above gas station, the Defendant used the credit card in the name of the victim from around 2006, and paid the credit card payment for each month by using the credit card in the name of the Defendant and his family.

1. On July 2009, the Defendant told the victim (the age of 35) (the Defendant) at the Samsung Digital Card G branch located in Samsung Digital F at the Seocho-si of F on July 2009, that “I will use a card if IN credit card is lent, and prevent it from being damaged to NN on the settlement date of each month.”

However, at the time, the Defendant had a large amount of liabilities as above, and was operating funds by avoiding cards, and even if using credit cards in the name of the victim with the intent to reduce the credit limit on which gas stations are offered as security in modern Lao Bank, the Defendant did not have the ability to pay the amount.

As above, the Defendant, by deceiving the victim, used Samsung Card from the beginning of July 2009 to the Haman on February 2013, 2013, and did not pay KRW 31,828,765, and acquired property benefits equivalent to the same amount as the card price. From that time to February 1, 2013, the Defendant acquired property benefits equivalent to the same amount by failing to pay KRW 31,828,765, and by using the credit card under the name of the victim from the victim, i, J, K, and L from the victim, who is an employee of the Samsung Digital E-ray G branch where the victim was located at the branch office, for a total of 20 times, as shown in the list of crimes (1).

2. On July 27, 2010, the Defendant called the victim at the above E gas station around 14:00 and operated the gas station.

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