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(영문) 서울북부지방법원 2010.04.08 2009고단1518
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 48,293,260 won to the applicant for compensation by deceit.

(e).

Reasons

Punishment of the crime

1. On March 6, 2007, the Defendant told the victim B who returned from the Defendant’s home located in Gangnam-gu Seoul, Seoul, that “I would pay money in lieu of the money in accordance with the credit card settlement date, if the credit card was lent to the Defendant and the marriage.”

However, the defendant had no intention or ability to repay the debt amounting to approximately KRW 10 million, KRW 12 million, and KRW 12 million, even if he/she borrowed the credit card from the victim.

As such, the Defendant, by deceiving the victim, received a copy of the Non-Cock Card from the victim, and on the same day, purchased goods equivalent to KRW 22,700 with the above credit card from the "Newco Guard in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, and acquired property benefits equivalent to KRW 8,393,260.

2. On March 7, 2007, the Defendant called the victim B who had returned to the Defendant at the time on the premise of marriage with the Defendant at the time, and called, “I would like to pay the hospital expenses prior to the use of the hospital expenses to her her friend, and would return five million won to the account in the name of D.”

However, the defendant did not have any traffic accident, and even if he borrowed money from the victim as mentioned above, he did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim and receiving five million won from the victim, and from that time, obtained a total of 39,900,000 won through 15 times from March 28, 2008, as shown in the crime inundation list, from that time.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of each police protocol of statement to B

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Matters concerning the promotion, etc. of a compensation order;

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