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(영문) 수원지방법원 성남지원 2017.07.07 2017고단412

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

On October 7, 2016, the Defendant made a false statement to the Hyundai Motor D agency located in Busan, Busan, the Defendant called the call center of the victim Hyundai Card Co., Ltd. to increase the use limit of the credit card (Mo card M3 EITON2, E) that was already issued through the “specifieddo Services” to the employees in the name of the Defendant. On November 15, 2016, the Defendant made a false statement to the effect that the Defendant would make a full payment on November 15, 2016.

However, in fact, the Defendant purchased a car and planned to sell the car to a third party without using it, and the Defendant was liable for approximately KRW 70 million, and thus, the Defendant did not have any intention or ability to pay the payment even if he pays the car with the credit card.

The Defendant had the above employee approve the Defendant’s specific service of KRW 40 million, and did not pay the FG80,000 with the above credit card while purchasing the FG80 car, and did not pay the above amount of KRW 42,766,00,000 with the above credit card, and did not acquire property profits equivalent to the above amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Details of the petition for accusation, application for membership, register of motor vehicles, card use;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a motor vehicle transfer certificate);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The fact that the sentencing of Article 62(1) of the Criminal Act (the following favorable circumstances) has not been fully restored is an unfavorable circumstance to the defendant.

However, the defendant shows his attitude of confessioning and opposing the crime of this case, the defendant has no other criminal records other than the one-time fine according to the previous convictions, the defendant paid 10 million won out of the amount of damage, and the remaining amount is agreed to repay about 1.3 million won each month, taking into account the circumstances under Article 51 of the Criminal Act, etc.