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(영문) 대전지방법원 2018.10.26 2017고단2958
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has conducted credit card business against customers in corporation B.

On October 21, 2016, the Defendant: (a) found “E” operated by the victim D, located in the Gandong-gun, Gandong-gun, the Defendant: (b) purchased KRW 2,50,000,000,000,000,000 for gift certificates by the same method at the same time as the following day, on the ground that the Defendant: (c) stated that “E” was an event for the payment of gift certificates at a company’s professional appearance according to a certain ratio of the settlement amount; (d) the card was not claimed by the method of cancelling the approval after the provisional settlement; and (e) issued one copy of the F card to the victim who believed the card; and (e) purchased the gift certificates with the F card issued at H stores located in Seo-gu, Daejeon-gu, Daejeon; and (e) purchased the gift certificates at the same time.

However, in fact, the defendant used the gift certificates purchased as above in cash to pay his personal debt, or used them as living expenses, and did not have the intent or ability to provide the victim with the gift certificates with the gift certificates, or to cancel the settlement amount.

The Defendant, as such, by deceiving the victims of the F card that he received by deceiving the victims, acquired the pecuniary benefits equivalent to five million won by using the F card, acquired the acquired credit card, and used the acquired credit card from February 8, 2017 to February 8, 2017, by deceiving the eight victims, such as the entry in the list of crimes, “to provide any gift, etc. after cancelling approval after restricting the approval after the restriction on the issuance of the credit card,” thereby receiving each credit card, and then acquiring the pecuniary benefits equivalent to 32.2 million won in total with the credit card and using the acquired credit card in such a way as not to cancel the approval.

Summary of Evidence

1. Statement by the defendant in the court room among the first trial records;

1. Application of the respective laws and regulations on police statements made to I, J, K, L, D, M, N, andO

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