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(영문) 대전지방법원 서산지원 2018.11.21 2018고단664
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 2017, the Defendant is required to pay credit card payments and loans to the victim C by calling at the victim C on May 26, 2017.

The payment of money was to be made at the beginning of the following month from the lending of money.

However, at the time, the Defendant was a person with bad credit standing who was unable to repay the debt amount of 0 million won, and was paid monthly due to absence of any particular occupation, and was performing an obligation in the form of preventing the refund of the credit amount that was paid every month, and the card amount that was used by lending the name of the mother. Therefore, there was no intention or ability to repay the borrowed amount after the month

The Defendant, as above, by deceiving the victim, received a sum of KRW 2 million from the victim on May 27, 2017 and KRW 1 million on May 29, 201 from the Saemaul Treasury Account (E) in the name of the Defendant, which was designated by the Defendant, and acquired the victim’s property by deceiving the victim.

2. On September 25, 2017, the Defendant would pay off a loan with a phone call from the victim C on September 25, 2017.

“.....”

However, at the time, the Defendant was a person of bad credit standing in the process of personal rehabilitation because he was unable to repay the debt of 0 million won, and even if he started on July 2017, 2017, the Defendant did not pay the card price, etc. using the name of the mother because of the business depression, and did not have an intent or ability to pay the borrowed money because it was impossible to receive the extended amount because it was impossible to receive the extended amount due to the failure to pay the extended amount each month.

The Defendant, as above, by deceiving the victim, received KRW 8 million from the victim to the Saemaul Treasury Account (E) in the name of the Defendant designated by the Defendant on September 25, 2017, and acquired the victim’s property by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint, a detailed statement of deposit transactions, each investigation report, and the application of credit information-related Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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