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(영문) 인천지방법원 2017.02.09 2016고단8228
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 11, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Western District Court, and the execution of the sentence was terminated on May 30, 2015.

1. On August 17, 2015, the Defendant of the crime against the victim C stated that in the coffee shop where it is impossible to find out the trade names located in the vicinity of the Jeju Jeju Jeju Jeju Jeju Island on August 17, 2015, the Defendant made a false statement to the victim C that “I wish to take over the company called D in the name of a party to the company in the name of the party,” which is “I wish to take over under the name of the party to the company of e-mail under the name of the party to be invested.” That is, the Defendant made a false statement to the victim C, “I will give KRW 100 million by September 15, 2015 and finally give KRW 250 million or more.”

However, as the Defendant did not have the ability to accept D due to the lack of funds, there was no intent or ability to reduce the amount of KRW 100 million to the victim until September 15, 2015, and there was no intention or ability to pay the credit card price to the victim properly even if the Defendant used the credit card with the name of the amount of KRW 50 million from the person who suffered damage with no property.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained Samsung Card, National Card, New Card, Nonghyup Card, and Nonghyup Card under the name of the victim from the victim; and (c) obtained the said card from the victim until December 24, 2015, the Defendant did not change the amount of KRW 46,801,141, as stated in the List of Crimes; and (d) obtained the pecuniary benefits equivalent to the same amount.

2. On September 2015, the Defendant of a crime against the Victim F, who asked the Victim F to obtain a loan at the G coffee shop located in Daejeon Sung-gu, Daejeon, would be able to obtain a loan with a large amount of money at least 250 million won by raising credit.

I would like to pay the loan with a loan from private financing if you receive the loan.

When a loan has been repaid, the credit of the party has become up to 250 million won.

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