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(영문) 광주지방법원 2020.07.23 2019고단5148
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2018, the Defendant made a false statement to the victim who needs money at the D key point in the operation of the victim C in Gwangju Northern-gu, Gwangju, stating that “I would be able to obtain a large amount of loan at a low interest rate by raising credit rating when I want to obtain money from the victim who is in need of money. It is not an absolute illegal act. If I look at a bank work, I need to have a cell phone name and an authorized certificate in the name of the convict. In addition, if I want to use a credit card, I would have to use the credit card.”

However, even if the defendant received a cell phone, authorized certificate, or credit card from the victim, he did not have any intention or ability to allow the victim to obtain a low interest rate loan, or to pay the used card price.

The Defendant deceptions the victim as above, and around that time, opened E- Card and F- Card in the name of the victim by using a cell phone and authorized certificate issued by the victim, and additionally received 1,100,320 won by using the victim’s E- Card from the victim. On January 25, 2019, K paid 1,100,320 won by using the victim’s E- Card from around 28 times to April 8, 2019, the Defendant used the victim’s E- Card in the same manner as the crime list (1), including obtaining pecuniary benefits equivalent to the sum of 9,558,260 won by paying 28 times the sum of 9,58,260 won by paying 28 times from January 3, 2019 to April 15, 2019 (1-7, 1-75, 275).

Summary of Evidence

1. The defendant's credit card as stated in facts constituting an offense, even though the defendant's partial statement was received from the victim and the defendant did not have the intent or ability to pay the amount of the credit card;

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