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(영문) 의정부지방법원 고양지원 2016.02.12 2015고단285
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 201, 201, the Defendant, at the “D” office of the Defendant’s operation of the Defendant located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, to pay the victim E the amount of the credit card lent to the Defendant.

The phrase “ makes a false statement.”

However, at the time of fact, the defendant did not have any intention or ability to repay the price even if he uses the credit card because there is no particular property or income.

Defendant used a new card in the name of the victim and issued by deceiving the victim as above, and acquired pecuniary benefits equivalent to the amount of 10,718,504 won in the following manner from around 143 times to December 30, 201, including the use of 14,400 won from this old service, as shown in the List of Crimes (1) in the attached Form, as seen above, from around 10,718,500 to December 30, 201.

2. On October 201, the Defendant, at the above “D” office around October 201, produced the National Assembly broadcast sets and received the production cost from the victim E.

It shall be paid with the cost of production from the loan of money.

The phrase “ makes a false statement.”

However, at the time, the defendant did not have any intention or ability to repay money even if he borrowed money from the damaged party because there is no particular property or income.

As above, the Defendant: (a) by deceiving the victim; (b) received from the victim to the bank account in the name of F from the victim; (c) received KRW 5,387,840 from the victim; and (d) obtained the delivery of KRW 10,687,840 in total on four occasions from the first day to November 1, 201 in the attached crime sight table (2).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of the accused by the prosecution (including part concerning the E-examination);

1. Application of Acts and subordinate statutes to a complainant, a copy of a detailed statement of transactions in the name of the complainant, a copy of a card use statement in the name of the complainant, and data submitted by the complainant (including details of card use);

1. Criminal facts;

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