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(영문) 서울서부지방법원 2015.04.16 2014고단2546
사기
Text

A defendant shall be punished by imprisonment for four 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

[Criminal Justice] On April 9, 2014, the Defendant appealed to the Seoul Western District Court for a two-year period of suspension of the execution of imprisonment for a crime of fraud. However, on January 15, 2015, the appeal was dismissed, and the appeal is still pending in the final appeal trial.

【Criminal Facts】

1. Around February 2014, the Defendant related to the card price concluded that, “C” online carpet site (Korean marriage/Divorce site) was known to the victim D and paid retirement allowances of KRW 2,50,000 to him/her for twenty (20,000,000,000,000,000,000. If he/she created a credit card under four (4) name, he/she first pays the credit card, and first submits the card receipt to the E flagdo Treasury, and then deposit it to thener. In addition, he/she would pay retirement allowances of KRW 2,00,000 by the end of February 2014.”

However, the Defendant did not receive retirement allowances due to the absence of the Defendant’s service in E-BB, and did not receive retirement allowances from F-BS. At the time, the Defendant did not have any intent or ability to pay the amount of using the credit card from the victim even if he used the credit card on a dry basis due to bad credit standing of about KRW 100 million.

On February 10, 2014, the Defendant: (a) by deceiving the victim; (b) purchased an amount equivalent to KRW 24,950 from the Agricultural Cooperative Agricultural and Fishery Center in the name of the victim; and (c) paid the price from the Agricultural Cooperative Agricultural and Fishery Center in the name of the victim until March 31, 2014; and (d) obtained financial benefits equivalent to the same amount as indicated in the separate crime list from March 31, 2014.

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