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(영문) 인천지방법원 부천지원 2012.02.03 2009고단1105
사기
Text

A defendant shall be punished by imprisonment for six 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

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.

On January 16, 2008, the "F cafeteria" in the "F cafeteria operated by the victim on the second floor of the Seoul Special Metropolitan City, Seocheon-gu E-gu E-building", the defendant "A will take over and operate the cafeteria," and the "A will use it as the cafeteria cafeteria of G in which he works as a managing director in the city when he takes over and operates the cafeteria, and the inside has invested a few hundred billion won in Mongolia, and it will start the cafeteria-type franchise business. However, as the cost of taking over the cafeteria and the cost of carrying out the cafeteria-type project is required, A will take over the credit card and lend it to us, and the credit card will be repaid. The credit card price will be paid within the 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 the total of KRW 15,782,82,826 as indicated in the separate crime list until February 18, 2008, using 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. Legal statement of witness H (the 11th trial date);

1. Each statement of the witness H in the fourth and seventh 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. Each interrogation protocol of the prosecution against A (including D and C respectively);

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. Rent;

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