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(영문) 부산지방법원 2017.01.26 2016고단2343
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 18, 2010, the Defendant was sentenced to one year and nine months of imprisonment for fraud at the Busan District Court, and was released on September 30, 201 in the Busan Detention House on September 30, 201 during the execution of the sentence, and the parole period expired on December 20, 201.

1. On October 2012, the Defendant made a false statement to the effect that “The Defendant would pay the remainder of the card price after deducting the price from daily allowances, etc. on the face of a credit card loan from the victim B at a place below Busan, Seo-gu, Busan.”

However, in fact, the Defendant failed to engage in a light business in 2010 and was in bad credit standing without any special property. Around that time, the Defendant did not have an intention or ability to pay the price normally even if the Defendant borrowed credit cards from the injured party because the income was not specified.

The Defendant received a new card from the injured party, and used the credit card amount of KRW 20,105,175 from around that time to December 2014, and did not pay the credit card amount, thereby acquiring property profits equivalent to the same amount.

In addition, from around that time to July 27, 2015, the Defendant borrowed a credit card or physical card as indicated in the list of crimes attached hereto, and used it without paying the price, used it under the name of the victim with a vehicle siren, and did not pay the rental fee, and acquired money over 80 times from the damaged person by fraud or acquiring property benefits.

2. The Defendant, on July 14, 2015, lent a loan to the victim B for the use of the national bank account account (Account Number C) at an influent place not exceeding Busan around July 15, 2015.

D’s money of KRW 11,358,30 of the victim B, which was deposited in the account of the above national bank account in the name of D, was granted and kept for the victim, and then embezzled by using the defendant’s personal debt repayment at his own discretion.

Summary of Evidence

1. The defendant's statement in court;

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