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(영문) 광주지방법원 2014.09.03 2012고단6772
사기등
Text

A defendant shall be punished by imprisonment for four months and by a fine of 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2012 Highest 6772] On July 12, 2012, the Defendant received a loan from the victim C, and entered into a loan agreement with the victim to receive a refund of KRW 7,930,000,000 from the victim when the Defendant received two credit cards in the name of the Defendant in the name of the principal and interest terms, and let the victim use this credit card equivalent to KRW 40,000,000. If the Defendant paid the above money in lump sum within five months, he/she would receive a refund of KRW 7,930,000.

The Defendant received KRW 6.28 million from the victim on July 12, 2012, KRW 8.310,000 from the victim, KRW 14.4 million from the name of the Defendant to the agricultural bank passbook (D) in the name of the Defendant on the 13th day of the same month, and received KRW 29,000,000 in total from the Defendant’s name as a loan, and delivered one card and a new card to the victim, and had the victim settle the amount of KRW 20,000 with the new card.

On July 14, 2012, the Defendant revoked the details of settlement equivalent to KRW 20 million used by the victim, and made a false statement that the credit card will be returned, on the grounds that the victim's identity is unknown by telephone at a closed place.

However, the defendant used the money received from the victim as loan repayment or credit card settlement payment, and the victim did not have the intention or ability to pay 29 million won to the victim even if the credit card payment was revoked and the credit card was returned.

The Defendant returned one card from the victim around July 16, 2012, and around July 19, 2012, the Defendant had the victim cancel the amount of KRW 20 million paid by the new card, but did not pay the amount of KRW 29 million to the victim.

The defendant deceivings the victim by the above means and uses it within the limit of KRW 20 million, and the amount of KRW 20 million, which is the profits from the use of the card and the amount of cancellation of settlement.

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