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(영문) 수원지방법원 2018.03.15 2017고단7386
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Northern District Court on November 4, 2008, and the execution of the sentence was terminated on May 5, 201. On April 30, 2014, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Suwon District Court on April 30, 201, and the judgment became final and conclusive on September 5, 2014.

[Criminal Facts]

1. On April 10, 2013, the Defendant stated to the victim D that “The Defendant may import the payment in China and sell it, but may lend KRW 30,000,000 to the Defendant.”

However, the defendant did not have any intent or ability to invest in the payment business, and there was no particular property at the time, and due to the fact that the defendant had operated the carpet, he did not have any intent or ability to complete the payment even if he borrowed money from the injured party.

The Defendant, as such, by deceiving the victim, received 30,000,000 won from the victim to the new bank account in the name of the suspect under the pretext of borrowing money.

2. In May 2013, the Defendant lent KRW 5 billion to the victim D at a non-displaceable restaurant located in Suwon-si, which is located in Suwon-si, and in order to receive the money, the Defendant should have a credit card available for a loan to the Small and Medium Business Administration and lent the credit card for a non-use purpose.

However, the Defendant did not have any intention or ability to pay the cost of using the credit card in the name of the victim, as described in the preceding paragraph, even if he used the credit card in the name of the victim.

As such, the Defendant, by deceiving the victim, received one copy of the modern card under the victim’s name from the injured party around that time, and then revoked the prosecution once a year as shown in the attached Table 1 through 10, No. 12 through 15, and No. 17 through 41, as shown in the attached Table 1, No. 11, and No. 16, but the facts charged guilty and the indictment revoked are as follows.

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