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(영문) 의정부지방법원 2017.07.05 2017고단1327
사기
Text

A defendant shall be punished by imprisonment for three years.

Defendant F. 26,384,300 won in compensation for damages.

Reasons

Punishment of the crime

On November 28, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the District Court, and the Defendant’s appeal was dismissed at the District Court on March 23, 2017, and the said judgment became final and conclusive on the 31st of the same month.

1. Victims F;

A. On August 24, 2011, the Defendant: (a) at H operated by the Victim FF in the Southern-si G, the Victim F, “The Defendant is running a bond and clothing distribution business in Jeonju, and there is no money to pay KRW 4 million in the month in which the warehouse is kept.

The clothing stored in the warehouse is equivalent to 400 million won, and the category of clothing was sold and the credit card was borrowed to pay the card price.

However, the defendant did not operate the bonds and clothing distribution business, and even if he used the card of the victim due to no special import, he did not have the intent or ability to pay the card.

Nevertheless, the Defendant: (a) obtained a card in the name of the victim from the victim to January 18, 2016 after deceiving the victim as above; and (b) obtained a total of KRW 167,205,708 from that time to that time; and (c) obtained KRW 14,648,108, by failing to pay KRW 14,648,108.

B. On April 24, 2011, the Defendant need to pay money to the victim for corporate bonds and clothing services.

When a person lends cash services, he/she shall pay the amount monthly.

The phrase “ makes a false statement.”

However, the defendant did not operate the bonds and clothing distribution business, and even if he used the card of the victim due to no special import, he did not have the intent or ability to pay the card.

Nevertheless, the Defendant received the said modern card from the injured party on April 24, 201 and used a total of KRW 29,060,000 from around April 24, 201 to January 9, 2016, and acquired financial benefits equivalent to KRW 6,234,580 by failing to settle KRW 6,234,580.

(c)

The Defendant’s foregoing H on March 1, 2015.

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