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(영문) 인천지방법원 2014.02.21 2012고단11983
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On October 25, 2012, the Defendant was sentenced to two years of suspended sentence for a violation of the Act on the Promotion of Game Industry at the Incheon District Court, and the judgment on November 2, 2012 became final and conclusive on November 2, 2012.

【Criminal Facts】

1. Around February 2012, the Defendant, at the construction site of a DNA franchise store located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City, concluded that the Defendant made a false statement that “The victim E is eligible to receive start-up funds.” In order to obtain a loan for start-up funds, credit card creation should be high credit by using a credit card, and thus, a credit card will be changed. A credit card will be used in terms of oil value, etc. for work necessary for start-up.”

However, even if the defendant received the credit card from the victim, he used it to enhance the credit rating of the victim, and he did not have the intention or ability to complete the payment.

On February 2012, the Defendant received a new card and Samsung Card under the victim's name from the victim, and used 7,472,760 won in total for entertainment expenses, etc. to cause the victim to pay it to the victim.

Accordingly, the defendant, by deceiving the victim, had the victim pay the credit card price on behalf of the victim, thereby acquiring financial benefits equivalent to the credit card price.

2. Around April 2012, the Defendant, at a place where it is not known about April 2012, the crime committed the crime, stating that “A type (victim) with respect to the loan of start-up funds for DNA franchise, with the phone call in the name of the type, instead of being aware of it, should be obtained by using the phone in the name of the type, as if he/she were to be a penalty.” On the other hand, the Defendant made a mobile phone in the name of the type, and the mobile phone installment payment and fee are to be paid by himself/herself.”

However, even though the defendant was issued with the cell phone in the name of the victim, he did not have the intention or ability to pay the mobile phone installment and the fee.

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