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(영문) 서울남부지방법원 2013.10.17 2013고단3021

사기

Text

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

Reasons

Punishment of the crime

On January 10, 2012, the Defendant purchased an amount equivalent to KRW 50,122,80 from 1st, 500 to 50,122,80 to 1st,60 to 1st,60 to 1st,60 to 1st,60 to 1st,00 to 1st,00 to 1st,00 to 1st,00 to 1st,00 to 1st,00

However, the Defendant did not properly operate an entertainment drinking house business at the time and did not pay rents and public charges in several months, and even if the Defendant purchased a car with a credit card equivalent to approximately KRW 200 million, he did not have the intent or ability to pay the card price, and was thought to have used the car in repayment of the obligation after selling the car immediately and commercializing it.

On January 11, 2012, the Defendant purchased one set of the said No.S. car using the said credit card, and did not pay the remaining KRW 49,99,108 on the credit card and did not pay the remainder of KRW 123,69,108.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing of selective punishment of imprisonment is divided by the defendant, and the fact that there is no criminal record except for the punishment of twice a fine due to the violation of the Establishment of Homeland Reserve Forces Act, etc., the punishment like the order was set in consideration of good circumstances or the fact that the amount of defraudation is more than 50 million won, and the damage was not entirely repaid, and the victim did not agree with it.