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(영문) 서울서부지방법원 2012.11.07 2012고단1834
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be 59,200,000 won, which is obtained by deception, to C who is an applicant for compensation.

Reasons

Punishment of the crime

[2] On October 30, 2001, the Defendant was sentenced to imprisonment for two years and six months at the Seoul Central District Court for fraud, etc., and completed the execution of the sentence on June 22, 2004.

In fact, the defendant did not have any special property, and even if he borrowed a credit card from the victim C, he did not have any intent or ability to repay the credit card, such as having no special property, and having a debt of at least 45 million won to D, etc.

1. On October 1, 2006, the Defendant issued four credit cards from the victim to April 1, 2007, 36,102,000 won in total by purchasing goods from the victim, using the Internet shopping mall business and the milk supply facility to pay the user fees if the credit card is lent, and then acquired economic benefits equivalent to the same amount as the victim did not pay the user fees by using the credit card in settlement, etc. from the victim around November 1, 2006.

2. On December 12, 2006, the Defendant: (a) made a false statement to the victim at a branch of a national bank located in the Pyeongtaek-gu Pyeongtaek-si, Jeonyang-si, stating that “A person would have to pay money to his/her business if he/she borrowed money; and (b) received KRW 4.2 million from the victim to the one bank account in the name of H in the name of the same day; and (c) obtained the money from the victim.

3. Around January 11, 2007, the Defendant made a false statement to the victim stating that “a person must pay money to his/her business, if he/she lends money, he/she will repay the money,” and he/she received money from the victim to a single bank account in the name of H in the name of H in the same day as the loan money.

[2012 Highest 2076]

1. The victim D Defendant I. of Seoul Special Metropolitan City, Nowon-gu during June 2007.

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