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(영문) 대구지방법원 영덕지원 2015.06.03 2015고단7
사기등
Text

A defendant shall be punished by imprisonment for one year.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

I. "2015 Highest 7";

1. Fraud;

A. On or around June 13, 2011, the Defendant subscribed to one account in the name of F in the victim E’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in the name of the victim, at around April 13, 2011, for the limit of KRW 12 million to KRW 40 million to KRW 50 million at the time of the payment, and was in bad credit standing. As such, even if the payment of the said fraternity was made, the Defendant was pretended to be having been paid the previous fraternity even if he did not have the intent or ability to properly pay it, and was issued from the victim around June 13, 2011.

B. From November 10, 201, around August 10, 2011, the Defendant: (a) opened one account at the victim E’s house located in Chungcheongnam-gun, Ulsan-gun; (b) around November 10, 201, the amount of the obligation at the time was KRW 40 million to KRW 50 million to KRW 11 million; and (c) as a person with bad credit standing, even if having received the said amount, the Defendant was deemed to have completed the said amount even if he did not have the intent or ability to pay the subsequent amount properly; and (d) received from the victim the amount of KRW 10 million to KRW 10 million from November 10, 201.

C. On or around September 20, 201, around November 20, 2011, the Defendant opened two accounts in the family of the victim E located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around August 20, 201, which was operated by the victim as his/her leader, and the fact is that the Defendant was at the time of the debt amounting to KRW 40 million from KRW 50 million to KRW 50 million, and is a person with bad credit standing. Thus, even if he/she was paid the said credit amount, he/she is presumed to have completed the payment even if he/she did not have the intent or ability to fully pay the said credit amount, and then, he/she was granted KRW 10 million from the victim on or around September 20, 201, KRW 100,000 from KRW 10,100 around November 20, 201 and KRW 100 from the victim.

On March 22, 2012, around April 22, 2012, the fraud Defendant opened two accounts in the victim E’s house located in Chungcheongnam-gun, Chungcheongnam-do on May 22, 2011, in which the victim was a leader, and opened two accounts in the 10 million won fake number system.

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