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(영문) 수원지방법원 2020.06.11 2019고단5116
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 26, 2016, the defrauded: (a) around August 26, 2016, the Defendant stated that, within the “D” restaurant operated by the victim C in Suwon-si, Suwon-si, the Defendant did not have any credit card to purchase the air conditioner at a six-month rate; (b) on the loan of a credit card, the Defendant stated that the Defendant would not have any credit card to purchase the air conditioner at a six-month rate; (c) on the loan of the credit card, he did not see whether the air conditioner was supplied and then

However, the Defendant did not have any intention or ability to pay the installment, even if he borrowed a credit card from the victim and purchased a credit card. However, the Defendant did not have any intention or ability to pay the installment.

The Defendant received a credit card in the name of the victim on the same day from the victim, and settled an air-conditioning agreement of an amount equivalent to 1790,000 won by such credit card (6 months by six months each month). The Defendant acquired financial benefits equivalent to the same amount.

2. From September 5, 2016 to October 7, 2016, the defrauded Defendant stated, “Around September 5, 2016, at the same place as the foregoing Paragraph 1, the Defendant: (a) the victim was unable to obtain money from the sale of the current lending; (b) the Plaintiff, upon having ever been transferred to the Plaintiff, borrowed the deposit of the head of the house which she was able to return the deposit of the house she was able to receive and transfer the deposit of the house she was able to return the deposit of the house she was able to pay five million won.”

However, at the time of fact, the house, which the Defendant had lived, entered into a contract with the monthly rent and deposit of KRW 20,000,000,000,000 from the above deposit of KRW 20,000,000,000, which the Defendant received from the bank and paid by the bank, was only about 5 million if the Defendant excluded the pertinent bank loan, and the Defendant was under the so-called so-called “credit card refund” due to a large amount of the bank loan, and there was no particular income or property. Therefore, even if the Defendant borrowed money from the victim, the Defendant would have to pay it.

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