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(영문) 대전지방법원 홍성지원 2015.10.28 2015고단250
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

In order to raise marriage funds and living expenses, the defendant thought that he/she will use a credit card from the victim C and receive a mobile phone and identification card from the female in his/her name by forging a loan transaction contract under the name of the female, thereby using money from the lending company.

1. Fraud against the victim C;

A. A. Around April 2, 2014, the Defendant made a false statement to the victim C at the Defendant’s Simsi E located in Hongsung-gun, Hongsung-gun, that “The Defendant received cash services, and borrowed Samsung Samsung Card to another person with a high interest on money play.”

However, the Defendant, from the beginning, was planning to use the above credit card as a living expense and marriage fund for the children, and as at the time there was no property or fixed income under the Defendant’s name, there was no intention or ability to repay the credit card even if it was used under the victim’s name.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) obtained the victim’s Samsung Card in the name of the victim; (c) settled KRW 31,000 as the price for goods around April 2, 2014; and (d) used the amount equivalent to KRW 11,037,528 in total for purchase of goods and cash services, etc. over 129 times from around that time to May 14, 2014, and acquired pecuniary benefits equivalent to that amount.

B. On April 2, 2014, the Defendant made a false statement to the effect that “The Defendant would pay the victim the amount of money after using the said card, on the face of the Plaintiff’s home to issue a modern card, etc., in the name of grix, and then to pay the amount of money.”

However, in fact, the Defendant was planning to use the above credit card for the purpose of living expenses and marriage funds for the children, and the credit card in the name of the victim was given that there was no property or fixed income in the name of the Defendant at the time.

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