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(영문) 춘천지방법원 2013.11.28 2013고단723
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 19, 2010, the Defendant made a false statement to the victim D, who had been in a relationship with the father at the time at the 8th floor of Seoul CA building, stating, “If the father is a construction company and the father is an employee of that company, if he/she lends money for incidental expenses, such as construction cost and monthly salary, due to the apartment construction work, the construction is completed, and if he/she lends money for the construction cost and employees, then he/she will pay as profit.”

However, the Defendant did not work as an employee of the father company at the time, and was already liable for the amount of 100 million won or more due to business failure and gambling loss, and thus, the Defendant did not have any intent or ability to complete payment even if she borrowed money from the victim.

The Defendant received KRW 5 million from the victim’s Internet banking transfer to the Agricultural Cooperative (E) account in the name of the Defendant, and received KRW 26,66,00 in total from around that time to February 24, 201 by the same method as indicated in the separate crime list, such as construction cost, vehicle purchase cost, and disposal cost for drinking driving accidents.

2. On the beginning of December 2010, the Defendant made a false statement to the victim that “If a credit card is made so that domestic bad credit conditions can be used for living expenses, it would be paid at the end of each month as soon as the settlement was made.”

However, the Defendant did not have a certain occupation at the time, and was using money for gambling as set forth in the above Paragraph 1, and thus did not have the intent or ability to pay the price even if he borrowed the credit card to the victim.

The Defendant received one credit card (F) from the victim in the same month, and used it, but did not pay to the victim the sum of KRW 2,758,551, including the sum of KRW 1,150,427 in May 201, and KRW 1,223,783 in June 201, and KRW 384,341 in July 201.

Summary of Evidence

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