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(영문) 인천지방법원 부천지원 2012.08.31 2009고단1105 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and C conspired to use credit cards in their name by deceiving the victim D at a place where it is not known on January 2008.

Around January 16, 2008, the "F restaurant" operated by the victim on the second floor of the Seoul Special Metropolitan City, Seocheon-si E-gu E-building, and C means "A cafeteria will take over and operate a restaurant," and the defendant means "C will use it as the premises restaurant of G in which it works as a managing director in the Republic of Korea when it takes over and operates a restaurant, and the inside of Mongolia has invested a few hundred million Won in Mongolia, which begins with the restaurant business. It is necessary for C to take charge of the cost of taking over the restaurant and the cost of carrying out the project in Mongolia, and the credit card is loaned to us. The credit card payment means that C will pay it within the fixed date."

However, the defendant and C did not have any intention or ability to repay the price even if they were to use the credit card in their name from the victim as above.

Nevertheless, the Defendant and C used 15,782,82,826 won in total as indicated in the separate crime list until February 18, 2008, with seven credit cards (foreign exchange cards, lot cards, new cards, Samsung cards, Samsung cards, Hyundai cards, EL cards, and corporate bank cards) purchased from the victim at the same time.

Accordingly, the defendant, in collusion with C, acquired the above money from the victim.

Summary of Evidence

1. Each statement made by the witness H in the fourth, seventh, and eleventh trial records;

1. Entry of the defendant and witness C in part of the fifth trial records, and I's statement or entry of the witness;

1. Statement made by the witness J in the seventh trial records;

1. The police statement of K;

1. A copy of a statement of performance;

1. A copy of an employment agreement and a letter;

1. Copies of each letter;

1. Copy of the advance payment of rent;

1. A copy of a letter of payment;

1. A list of transactions of self-reliance deposits;

1. A copy of a bankbook;

1. Copy of a receipt;

1. A foreign exchange bank;

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