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(영문) 대구지방법원 2016.01.21 2015고단6158
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Defendant: (a) the annual salary of KRW 60,000,000 to be mobilized in EFC to the victim B of Pyeongtaek-gu; (b) the height of the Defendant’s property is KRW 60,000,000; (c) the building was damaged in the Defendant’s name; and (d) the Defendant was able to engage in an apartment building of KRW 50,000,000 in Daegu Suwon-gu.

However, the facts are as follows: (a) the monthly salary is 1.8 million won; (b) the Defendant’s senior mother is not a 1.8 million won asset; (c) there was no building in the Defendant’s name; and (d) from 2007 to 2007, there was no intent or ability to repay money or pay credit card bills even if the Defendant borrowed money from the damaged party or borrowed credit cards from the damaged party.

1. On January 2009, the Defendant would use a credit card on the part of the victim, and complete the payment with the credit card borrowed from the victim in the Daegu Suwon-gu E’s non-affiliated restaurant.

“Along on the 24th of the same month, I received one copy of the Daegu Bank Non-FC card from the injured party, and acquired and fraudulently acquired pecuniary benefits equivalent to the same amount by making the injured party make the payment by using the total amount of KRW 9,655,989 from February 24, 2010, including the purchase of goods equivalent to KRW 100,000 at the Daegu Financial Center, which is located in Daegu, and by using the total amount of KRW 9,65,989, and making the injured party make the payment by subrogation.

2. On January 28, 2009, the Defendant would use the credit card to the Defendant and to repay the amount to the Defendant.

“Along with a false statement, I received one copy of the modern card from the injured party, and then purchased the goods equivalent to KRW 107,00 from G in Daegu on the same day to January 30, 2010, and failed to make payment by using KRW 8,179,410, and thereby caused the injured party to make the payment by subrogation, thereby obtaining property benefits equivalent to the same amount.

3. The Defendant is the victim at the place specified in paragraph (2) around February 20, 209.

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