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(영문) 수원지방법원 2013.10.16 2012고단4911
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 24, 2011, the Defendant made a false statement to the effect that “Cco, the Defendant owned by the Defendant, is also a victim D, who had a relationship with the Defendant at the time within a passenger car quantity, will be helpful for the settlement of accounts at the end of the year if he/she had a lot of credit cards used. The amount of credit cards used will be paid by the company after receiving payment from the company.”

However, at the time, the defendant was planned to use the above card to purchase goods on a personal basis or to receive cash services through Internet shopping such as a rooftop, market, etc., and there was no intention or ability to pay credit card bills.

As above, the Defendant, upon receipt of one copy of the modern card in the victim’s name from the victim’s seat from that time until November 30, 201 of the same year, purchased goods equivalent to the total of 14,585,778 won from that time, or received cash services and did not settle KRW 6,604,747 from that time through the same method, from that time to December 1, 201, or obtained cash services, acquired goods equivalent to the total market price of KRW 49,977,616, or obtained cash services, and acquired them by fraud.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report (No. 4 of the evidence list);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the part not guilty under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. The summary of the facts charged by the Defendant, as indicated in the facts constituting the crime in the judgment of April 24, 201, deceiving the victim as stated in the facts constituting the crime in the judgment of the lower court, thereby obtaining from the victim one copy of the modern card in the name of the victim, namely, from that time until November 30 of the same year, goods worth KRW 14,585,778 in total.

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