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(영문) 대전지방법원 2012.11.29 2012고단3162
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

[2012 Highest 3162]

1. On November 2005, the Defendant committed fraud with credit card payments to the victim at the F cafeteria operated by the victim E located in Sinpo City D on November 1, 2005 that “after lending the credit card, the Defendant would normally pay the credit card payments.”

However, even if the defendant received a credit card from the victim and used it, the defendant had already been liable for the credit card payment amounting to KRW 30 million, and there was no property with other financial rights and personal obligations, and there was no intention or ability to pay the settlement amount.

On November 30, 2005, the Defendant, by deceiving the victim, received the Samsung Card, which was opened in the name of the victim from the victim, and did not settle it even after receiving KRW 400,000,00,000 from around November 1, 2004 to December 14, 2005, obtained four credit cards (such as three-one-one-half, nine-one-one,00,000) from the victim from around October 1, 2004 to around December 14, 2005, and did not pay it. Thus, the Defendant took economic benefits equivalent to that amount.

2. Around November 28, 2005, the Defendant made a false statement to the effect that “I would create a high profit by making a stock investment to the victim’s head office, because I would belong to Iel branch office.”

However, the fact was that the defendant was not attending the EL branch office, and it was thought that he was used to use the money received from the victim individually or to repay personal debts.

On the same day, the Defendant received KRW 18 million from the victim at G office located in Si-Mapopopo-si, where he belongs to the victim.

[2012 Highest 3860] Even if the Defendant did not have a general sense of working as a researcher of LG Group, the Defendant appears to have attended the IG Group as a member of the IG Group when the victim H (the age of 22 at that time) attends the IG Group.

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