(영문) 대전지방법원 2015.05.29 2014고단3691

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(영문) 대전지방법원 2015.05.29 2014고단3691

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【The Defendant was sentenced to four months of imprisonment for a crime at the Daejeon District Court on February 3, 2012, and completed the execution of the sentence at the Daejeon Correctional Institution on March 19, 2012. On September 13, 2013, the said court sentenced eight months of imprisonment for a crime of fraud to be sentenced to eight months in the same court on September 25, 2014. On May 27, 2014, the said judgment became final and conclusive on September 4, 2014.

[Criminal Facts] 【2014 Highest 3691】

1. Around February 20, 2014, the Defendant changed the credit card to be used for the preferential business of “when intending to obtain a loan if necessary,” at the subway station No. 3 of the subway station in Gangnam-gu Seoul, Gangnam-gu, Seoul, to the victim C at the coffee shop. The Defendant used it and made a false statement to the effect that the payment would be made.

However, at the time, the defendant did not have the intent or ability to obtain a loan from the victim, or did not have the intent or ability to reduce the building, and the defendant did not have any specific property, income, but did not have the intent or ability to pay the above amount because of a large amount of personal debt.

The Defendant, by deceiving the victim as such, received the modern card, foreign exchange card, Samsung Card, Samsung Card, New Card, and Slick Card under the victim’s name at that time, and used it from February 21, 2014 to March 2, 2014, and did not pay the total amount of KRW 20,468,894, and did not acquire the same pecuniary benefit.

2. On March 4, 2014, the Defendant made a false statement to the mobile phone agency located in the building in Gwanak-gu, Seoul Special Metropolitan City, to the effect that “A mobile phone in order to conduct a business is required. A mobile phone is opened in the name of the party, and the price will be paid in advance.”

However, the defendant at the time of fact.

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