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(영문) 대구지방법원 2018.01.17 2017고단6171
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 28, 2016, the Defendant, as the representative director of B, purchased gift certificates using a credit card (C) in the name of the victim Nong Bank issued by the shopping master office in Jung-gu, Seoul, Jung-gu, Seoul, and paid KRW 10 million in lump sum by the credit card.

However, on June 23, 2016, the Defendant was subject to a tax investigation by the National Tax Service and did not generate profits from liquor business, such as that the Defendant’s property was seized and the amount received from the customer was not timely made. While there was little balance of deposits at the time, however, at the Daegu Bank, etc., the Defendant was liable for the amount of KRW 245 million from the Daegu Bank, etc., while at the time of this case, upon receiving a request from the goods supplier for the settlement of the obligation of KRW 1 billion, the Defendant did not have any intent or ability to pay the credit card price to the victim because he did not have any intent or ability to prevent the so-called return by receiving the credit card theory equivalent to KRW 65 million from other credit cards

The Defendant, as such, by deceiving the victim and compelling the victim to pay KRW 10,000,00 of the gift certificates price, had the victim obtain pecuniary benefits equivalent to the same amount by failing to purchase goods or services equivalent to KRW 22,927,270,00 in total over 22 times through the corporate card in the name of B or the personal card in the name of the Defendant, as shown in the list of crimes in the attached Table from June 30, 2016, from the time to June 30, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Investigative Report (Attachment of Account Transactions Details), detailed statement of account transactions, details of monthly use of each credit card, investigation report (Attachment of Account Statement), copy of each passbook, investigation report (Submission of Reference Materials), notification of property seizure, investigation report, credit information inquiry data, and credit information inquiry data;

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