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(영문) 창원지방법원 마산지원 2015.09.15 2014고단394
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around January 22, 2010, the Defendant stated that “Around January 22, 2010, the Defendant would repay the victim amounted to KRW 32 million, as he/she is in need of studying abroad, to the soon as possible,” at the main point operated by the victim D in Changwon-si, Changwon-si C.

However, the facts are that the defendant operates a restaurant, but its income is higher than that of daily expenses, and there was no intention or ability to repay even if he/she borrows money from the victim due to a large amount of personal debts, such as borrowing 68 million won from others at the time.

Around January 22, 2010, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the Gannam Bank account under the name of the Defendant E, and acquired KRW 60,904,410 through the same method over 39 times from that date to May 10, 2012, as stated in the separate crime list.

The Defendant, on September 201, 201, “F” restaurant operated by the Defendant in Changwon-si, Changwon-si, Changwon-si, and the victim G, an employee of the said restaurant, “If he/she lends a credit card, he/she would pay the amount of the use of the credit card.”

However, in fact, the Defendant was unable to engage in credit card transactions or bank transactions due to bad credit standing at the time, and there was a debt equivalent to approximately KRW 147 million, and even if the Defendant borrowed the credit card from the victim due to bad credit standing, the Defendant did not have any intent or ability to pay the amount from time to time.

The Defendant received the Defendant’s modern card and Samsung Card from the victim on October 10, 201 to February 14, 201, and acquired the Samsung Card payment amounting to KRW 2,308,90, KRW 1,494,00, KRW 2,000, KRW 1,110,829, KRW 829, and KRW 7,713,729, and was not paid by the Defendant.

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