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(영문) 부산지방법원 2014.08.14 2014고정899
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 23, 2013, the Defendant: (a) stated, around 17:19, that “The Defendant would pay the amount of the card with the amount of KRW 4,077,300 if he borrowed KRW 4,080,000 to the victim C in front of the teaching boat life located in the Seosan-dong, Busan, Seosan-dong; and (b) received from the victim who believed that “The amount of the card was KRW 4,080,000 from the account (Account Number D) in the name of the Defendant around that time, the Defendant was transferred from the victim to the account of community credit cooperatives (Account Number D) in the name of the Defendant.

However, the Defendant has borrowed money from others without certain occupation and income or paid off the credit card price on behalf of them. On February 10, 2013, the Defendant allowed E to pay off the credit card price with the credit card price in the form of cash service or purchase of goods instead of paying off the card price, and allowed E to pay off the above amount of KRW 7 million with the existing credit card price. However, upon around May of the same year, E had used the credit card price in excess of the above credit card price and demanded E to pay off the remaining amount of KRW 3 million out of the credit card price paid on behalf of the previous Defendant without paying the credit card price, and it was possible to demand E to pay off the remaining amount of KRW 3 million from the existing credit card price to KRW 3 million, which was not recovered from August 10, 2013, and thus, E was also allowed to recover only the above amount of KRW 3 million with the credit card’s urge to pay up to 3 million with the credit card price as collateral.

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