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(영문) 창원지방법원 통영지원 2016.07.15 2016고단262
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. The victim C

A. On June 29, 2011, the Defendant: (a) told the victim C to lend money to the victim C at the clothes of the Defendant’s operation in Yeongdeungpo-gu Seoul Metropolitan Government D on June 29, 2011.

However, at the time, the Defendant had a debt amounting to KRW 80 million, and even if the Defendant borrowed money from the damaged party, such as having no profits from the above clothes in operation, the Defendant did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim to the account under the name of the Defendant on the same day, and acquired it by deceiving the victim.

B. On March 2013, the Defendant, at around March 2013, told the victim C to the effect that “If he/she lends a card, he/she would receive the cash service with the card and pay it on the date of payment of the card.”

However, the defendant did not have an intention or ability to pay the card price even if he borrowed and used the card of the victimized person.

The Defendant, by deceiving the victim, obtained a credit card under the victim’s name from the victim, and received 5.4 million won of the cash service under the victim’s name, and had the victim bear the same amount of debt.

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary benefits of 5.4 million won from the victim.

2. On August 2013, the Defendant related to the victim F stated that the victim F would pay the card price every month after using the credit card to the victim F in the clothes 1-A around August 2013.

However, the defendant did not have an intention or ability to pay the card price even if he borrowed and used the card of the victimized person.

The defendant deceivings the victim as such, and receives from the victim a credit card in the name of the victim.

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