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(영문) 수원지방법원 2017.01.12 2016고단5772
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is a person operating E Books in Suwon-gu, Suwon-si, and the victim F was a customer who frequently uses the above E Books.

1. In the above E book around August 20, 2015, the fraud Defendant: (a) around August 20, 2015, to the victim F who is trying to seek a workplace for compensating for living expenses, “I wish to compensate for any money so made.”

The level of KRW 3 million may be punished for each month.

After purchasing and selling books on the face of the credit card, 7% or 10% of the credit card amount shall be immediately paid as allowances, and if the payment is notified before the date of settlement of the card amount, the payment will also be paid.

In addition, a false statement was made that “if one cash is lent, allowances may be given more.”

However, the Defendant was in a situation where the principal and allowances were not paid according to the promise to lend money to another person without any particular property at the time, and the Defendant was thought to receive money from the injured person as principal and allowances of the borrowed money from another person. As if the victim was aware, the Defendant did not have any intent or ability to pay the money and allowances from the beginning, since the Defendant purchased a large amount of books and did not have any sales place that would be able to pay the high interest rate which was promised to sell and sell them.

Ultimately, the Defendant: (a) by deceiving the victim as such; (b) obtained a loan of KRW 12 million from the victim on the same day; and (c) received a total of KRW 262 million from the victim on 13 occasions from around that time to October 26, 2015, as shown in [Attachment List 1], and received a total of KRW 13 billion from the victim on 13 occasions, such as the victim’s list of crimes (i), and paid KRW 262 million from the victim on 20 August 20, 2015; and (d) received a new card, Samsung Card, and C&C credit card from the victim on franchi, and settled KRW 3 million with Samsung Card around October 12, 2015.

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