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(영문) 대전지방법원 2013.11.01 2012고단4382

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant, as the representative director of C, engaged in used cars sales business.

On August 23, 2011, the Defendant was issued with Hyundai Card Co., Ltd. with Hyundai Card Co., Ltd. in the name of the Defendant, but in fact, the Defendant purchased a vehicle with a credit card without intent or ability to pay the price even if using the credit card, and had sold it to use it as the operating price of Hyundai Card Co., Ltd.

On August 30, 2011, the Defendant purchased an k5 vehicle from a passenger agency in Sungdong-dong, Seodong-dong, Seodong-dong, Daejeon, and caused the victim to make a lump sum payment of KRW 27,40,000 of the automobile price by using Hyundai CardM, thereby allowing the victim to pay the vehicle price on behalf of the victim, and acquired the same amount of property profit as the Defendant did not pay the credit card price on September 23, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act. Article 62 (1) of the Criminal Act (Taking into account the fact that there is no previous criminal record of the same kind, recovery of damage, victim's punishment