(영문) 서울동부지방법원 2020.03.09 2019고단3096

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(영문) 서울동부지방법원 2020.03.09 2019고단3096

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 24, 2013, the Defendant was sentenced to 10 months of imprisonment for perjury, etc. in the Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Branch Branch on November 16, 2013, and completed the enforcement of the sentence.

On September 2016, the Defendant made a false statement to the victim D, who needs funds to expand restaurant operation business on the C2st floor located in Gangdong-gu Seoul Metropolitan Government, stating that “In order to prepare business funds to expand restaurant operation, the Defendant would change the credit card limit to which it is possible to extend the credit card. The Defendant would make the bank loan available by paying the expenses incurred in operating the restaurant with the credit card to increase the credit card limit, and would make the payment of the payment to the bank loan.”

However, the defendant was unable to get a bank loan by raising the credit limit of the victim due to the plan to use the credit card or mobile phone from the victim for personal purposes, and there was no specific property, and there was no intention or ability to use the credit card or mobile phone in the name of the victim and to pay the price.

The Defendant, by deceiving the victim, received one credit card in the name of the victim and one mobile phone in the name of the victim in the name of the victim, E, F, G, and H 4, and obtained an identification card, personal seal impression, cellular phone, passbook, etc. from the victim to issue a credit card, and obtained the credit card in Chapter I, J, K, and L5 from September 2016 to July 17, 2018, and acquired the credit card and mobile phone in the name of the victim from September 2016 to July 2018, the Defendant used the credit card and mobile phone in the name of the victim and obtained the loan in the name of the victim, and obtained the loan in the name of the victim and obtained the loan in total amount of KRW 73,41

Summary of Evidence

1. Each legal statement of witness D and M;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Information on loan transactions and requests therefor;

A statement, payment order, ...

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