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(영문) 의정부지방법원 2017.09.06 2016고단4448
사기등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On November 13, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the District Court of the Jung-gu District on November 13, 2015, and completed the execution of the sentence at the prison of the Jung-gu on December 20, 2015.

Criminal facts

On January 18, 2016, the defendant of "2016 Highest 4448" was the victim C who became aware of through the nurse of the above hospital at the Suwon-si University Hospital of Suwon-si on January 18, 2016, "B is the U.S. military age, I want to open D from the Gido on February 6, 2016, and I want to employ a width as a performance secretary.

A monthly wage shall be paid to a public official equivalent to a public official.

D The false statement was made as follows: “The credit card shall be paid to all card payments, and the four card shall be used.”

However, the Defendant did not have any occupation at the time, and did not have any physical and human resources sufficient to open D, and there was no income from any property, and there was no intention or ability to pay the price even when using the card in the name of the victim.

Ultimately, on January 26, 2016, the Defendant had the victim settle the amount of KRW 1,150,000 with the credit card of a national bank in the name of the victim, from that time to February 3, 2016, and had the victim settle the amount of KRW 10,002,02,024 in total with the national bank and the physical card in the name of the victim over 50 times from February 3, 2016.

On December 20, 2015, the Defendant, “2016 Highest 4572,” received assistance from a parent without any occupation after having been released from his/her own prison on December 20, 2015. From January 18, 2016 to February 3, 2016, the Defendant loaned his/her card from his/her father C to raise living expenses by settling the liquor value, taxi expenses, etc.

1. On February 5, 2016, the Defendant committed fraud: (a) around 21:00 on February 5, 2016, operated by the “G”, the Victim F, located in the Gu Government-si E, for the foregoing reason; and (b) notwithstanding that the Defendant did not have an intent or ability to pay the price even if he/she orders alcohol and alcohol for the foregoing reason, the Defendant would pay the price to the victim.

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