logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.07.23 2015고단1128
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Around April 14, 2011, the Defendant stated that “A victim E is engaged in trade business that imports and sells goods in China, and is engaged in Emphying business” at the D office of the Defendant’s management company located in Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon. If a card is lent, the card payment shall be refunded, and in return, 25% of the amount of the card used shall be paid.”

However, the Defendant, under his own name, was not a good credit to the extent that it does not engage in credit card transactions, and was planning to make a "refluencing" in the name of the victim, such as paying off other debts with the card sales, and the F was not able to pay profits for the amount of KRW 30 million invested in D, and D’s debts were equivalent to KRW 170 million, and there was no particular property or income, and therefore, even if the credit card was lent from the victim, there was no intent or ability to pay the card sales or profits.

As such, the Defendant, by deceiving the victim, received seven credit cards in the name of the victim, including a new card from the victim, and around that time until April 7, 2013, the Defendant used a total of 33,96,150 won over a total of 166 times, such as the statement in the list of crimes, and had the victim bear such amount, thereby obtaining pecuniary benefits equivalent to the same amount.

2. Around April 22, 2011, the Defendant provided that “The Defendant shall pay back the amount to the victim within one month if he/she lends the money to the victim.”

However, the Defendant did not have any intent or ability to pay the amount, even if he borrowed the money from the victim, because the Defendant was in an economically difficult situation like the above paragraph (a).

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim to the Agricultural Cooperative Account in the name of State D, KRW 2 million to the same account on April 26, 201, and KRW 12 million to the same account on April 28, 201.

3. The Defendant on August 10, 201

arrow