beta
(영문) 수원지방법원 2015.10.07 2015고단1899

사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 1, 2014, the Defendant: (a) purchased a passenger car by a credit card without certain income and property; (b) there was no intent or ability to settle the price; and (c) made a phone call to an employee under the name of Hyundai Card Co., Ltd. for the purpose of purchasing a passenger car by immediately selling the car after purchasing the car; and (d) made a false call to an employee under the name of Hyundai Card Co., Ltd. for the purpose of purchasing a passenger car with a low limit of the amount of use of the credit card to KRW 37 million; and (b) made it impossible to purchase the card with a low limit of the amount of use of the credit card in good faith to pay the card price of KRW 37 million; and (c) made it possible for the Defendant to pay KRW 37 million to a 37 million from the victim’s immediate use limit to KRW 37 million from the credit card company in Yeongdeungpo-gu Seoul on September 10, 2014; and (c) made the above 37 million c.5 million c.

2. On September 5, 2014, the Defendant, despite the absence of the intent or ability to repay as described in paragraph (1), calls to employees in the name of Hyundai Card Co., Ltd. for a false statement to the effect that “I would make a repayment of KRW 17 million every 700,000 won every month if I grant a loan to 17,000,000 won)” and received KRW 17 million immediately from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Confirmation of the use of a card, inquiry of specific details, inquiry of the NICE Information on Default, application of the Act or subordinate statutes on the Credit Card Redemption, the President of the Credit Card Loan Ledger, and the

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.