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(영문) 서울서부지방법원 2014.06.11 2014고단503
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a construction business operator, is the Defendant, under March 2012.

4. Around that time, the injured party C was aware of the injured party while performing a restaurant construction work as an employee, and was paid in kind to each other.

1. Around July 4, 2012, the Defendant made a false statement to the victim of the Nonghyup Bank in Eunpyeong-gu Seoul Metropolitan Government, stating, “I will lend money to the Defendant for a few times when I first perform the construction work.” However, if I completed the construction work, I would like to repay money.”

However, in fact, the defendant did not carry out one billion won fake construction from Japan, and there was no intention or ability to repay the money even if he borrowed the money from the victim due to the lack of a certain amount of income.

The Defendant received 7 million won from the victim, i.e., the Defendant’s bank account (Account Number: E) in the name of the Defendant, from the victim.

In addition, the Defendant received from around that time to November 9, 2012 a total of KRW 5,5060,000 through the same method from 20 times as shown in the crime sight table (1) in Seoul Metropolitan City.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant made a false statement to the effect that, around July 16, 2012, the Nonghyup Bank located in Jin-dong Seoul, Eunpyeong-gu, Seoul, would settle the credit card use price with the victim “on the completion of construction work at Pyeong-dong. When the construction work is completed at Pyeong-dong, the immediately KRW 1 billion will settle the credit card use price without the frame from that time.”

However, there was no intention or ability to pay the amount of use even if the victim receives cash services or purchases the goods using the credit card borrowed from the victim.

The Defendant was issued a bC credit card with the victim’s name at the victim’s seat and used the said credit card at that time.

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