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(영문) 인천지방법원 2015.11.25 2015고단2538
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2012, the Defendant, at the “E” store operated by the victim D in Gwangjin-gu, Seoul Special Metropolitan City around September 2012, the Defendant made the victim a false statement that “I would have the victim registered the transfer of ownership in the name of Hasheon to obtain a bid of the second underground floor of the building 1 in Gyeonggi-do, Gwangju Special Metropolitan City. If I would pay the down payment and the intermediate payment in lieu of the down payment and the intermediate payment, and if I would pay the remainder by borrowing from the bank in the name of greging bank as collateral, I would like to pay the down payment and the intermediate payment after three months and transfer the ownership in the name of the said house.”

However, at the time, the Defendant was liable to pay 30,000,000 won as bad credit holders, and the Defendant did not have any intent or ability to pay the down payment, intermediate payment, and bank loans to the victim due to the absence of certain income.

Around January 22, 2013, the Defendant had the victim pay KRW 20,000,000 for the said house deposit and intermediate payment, and had the victim pay KRW 56,90,000 for the remainder of the said house after borrowing KRW 56,90,000 from the Dogsi Station of the Agricultural Cooperatives.

Accordingly, the defendant deceivings the victim and defrauds 76,900,000 won.

2. On November 2012, the Defendant committed the crime of defraudation of credit card use proceeds, the Defendant made a false statement to the victim that “I wish to open the store. If I lent the credit card in the name of the grix, I will use it within the necessary minimum limit as the operating expenses of the store, and pay the above price on the date of settlement.”

However, the defendant was planned to use the credit card of the victim to the cost of living for himself/herself and his/her family who is irrelevant to the store operation, and there was no intention or ability to pay the amount properly on the date of settlement of the card price.

The defendant received one copy of the victim's slot Card, Nonghyup Card, Hyundai Card, one card, and Samsung Card from the victim.

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