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(영문) 수원지방법원 여주지원 2018.01.10 2017고단980
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant uses the name of “D” and is a person who has been in a relationship with the victim E from February 2013 to February 2014.

1. On September 6, 2013, the Defendant: (a) sent a phone call to the victim at a non-permanent place on September 6, 2013; and (b) paid the material price to the customer by September 6, 2013.

The construction cost of another person shall be fully repaid one week after the loan of KRW 10 million, since the other person's the construction cost enters after one week.

“The purpose of “ was to make a false statement.”

However, in the absence of any particular income or property, the Defendant was liable for considerable debts against the Gyeonggi Credit Guarantee Foundation, (State)F, etc., and the Defendant was able to repay the Defendant’s personal debts or pay the Defendant’s living expenses. Therefore, the Defendant did not have any intent or ability to repay the borrowed money after one week as agreed with the victim.

Nevertheless, the Defendant received money from the injured party to the Busan Bank account (G) in the name of the injured party, which was managed by the Defendant.

2. On October 2013, the Defendant may not use the credit card in his/her name on the part of the victim in the French car page located in Busan Jung-gu, Busan, on or around October 2013.

If a credit card is opened and lent in the name of ap, the credit card price should be paid in advance.

“The purpose of “ was to make a false statement.”

However, the Defendant did not have any intention or ability to pay the price even if he borrowed a credit card from the injured party because the Defendant had a considerable obligation against the Gyeonggi Credit Guarantee Foundation, (State)F, etc. under the absence of any particular income or property, and the Defendant was unable to repay the amount borrowed from the injured party.

Nevertheless, the defendant is under the name of the victim from the victim around that time.

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