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(영문) 서울중앙지방법원 2014.11.21 2013고단5360
사기등
Text

A defendant shall be punished by imprisonment for seven 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

On September 2, 2012, the Defendant advertised that he would extract a model on the Internet “Abmon” website. After reporting this advertisement to the victim C who provided support, the Defendant proposed that he would operate the Internet shopping mall as well as the meta model. On October 2, 2012, the Defendant prepared the “D Fashing E Fashion brand Business Agreement” with the victim, and tried the victim to open the clothing store 210,211 E.

1. Fraud;

A. On November 13, 2012, the Defendant stated that “The credit rating should be good for the Defendant to operate a business” to the victim in the Jongno-gu Seoul Metropolitan Government Enterprise Bank located, and when using a credit card, the credit will be raised if it is created and used, and the credit card will be used for the purpose related to the business and paid for it.”

However, the defendant did not have the intent or ability to pay the price even if he borrowed the above corporate bank credit card from the victim.

Nevertheless, the Defendant acquired property profits equivalent to KRW 3,026,274 by having the victim use the said credit card directly or by allowing a third party to use the said credit card from November 16, 2012 to March 12, 2013 after being issued with an enterprise bank business operator credit card (G) by the victim at the same time and at the same place.

B. On September 2012, the Defendant stated to the effect that “A business should be credit rating in order to operate a business,” “A credit shall be high if a credit card is created and used, credit shall be set up, and a credit card shall be paid, and a credit card shall be used and repaid for the purpose related to the business.”

However, the defendant did not have the intention or ability to pay the price even if he borrowed the above credit card from the victim.

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