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(영문) 대구지방법원 2012.06.13 2012고단659
사기
Text

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

Reasons

Punishment of the crime

On December 4, 2008, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective weapon, bodily injury, etc.) at the Daegu District Court on December 4, 2008, and completed the execution of the sentence on March 14, 201.

1. On March 2010, the Defendant, in the Defendant’s residence located in Daegu-gu, Daegu-gu, Daegu-gu, the end of March 3, 2010, falsely stated that “If a victim D (the Defendant was 59 years of age, was able to live in prison for two years, and was unable to obtain a credit card due to a bad credit holder’s failure to obtain a credit card, the Defendant would fully pay the amount of use of the credit card.”

However, at the time, the defendant did not have the intention or ability to pay the price even if he borrowed the credit card from the victim due to the lack of property.

As such, the Defendant, by deceiving the victim and lending the victim’s credit card from the victim’s national bank, from around 30th of the same month.

7. Until April 7, 200, an amount equivalent to KRW 7,520,720, including cash services, was used for a total of 91 occasions and did not pay the amount, thereby acquiring property profits equivalent to that amount.

2. On May 6, 2010, the Defendant made a false statement to the said victim D that “The Defendant would receive a loan under the name of v.g., because he/she was unable to pay his/her credit card fee, and pay the credit card fee, and the bond will be repaid.”

However, the defendant did not have the intention or ability to repay the loan even if he did not have any specific property at the time and received the loan under the name of the victim.

The Defendant, as such, by deceiving the victim, received a transfer of KRW 3 million from the “E” lending company.

3. The Defendant, around the 26th day of the same month, by deceiving the said victim D in the manner as referred to in the foregoing paragraph (2) at the above place, and then, the victim was transferred KRW 4,00,000 from the “F” lending company, and KRW 1,97,000 from the “G” lending company.

Summary of Evidence

1. Part of the defendant;

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