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(영문) 대구지방법원 김천지원 2017.09.26 2017고단547

사기

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who enters into an agreement on the use of a credit card with the victim Hyundai Card Co., Ltd. and uses it.

On September 21, 2016, the Defendant purchased a NAS E Q900 car at the Hyundai Motor C agency located in Nam-gu, Nam-gu at the port of port around September 21, 2016, and applied for and approved a specific service with a maximum of KRW 30 million to purchase a car to the victim company.

However, in order to solve economic difficulties at the time, the defendant only planned to lend funds to a third party by receiving a passenger car purchased as above, and did not have the intent or ability to operate the above vehicle in a normal way or pay the card price in a normal manner.

The Defendant purchased the No. N.S. car as above and paid KRW 26,446,00 to the Hyundai Card, thereby having the victim pay KRW 26,46,00 to the Hyundai Motor, thereby having the victim acquire property profits equivalent to the same amount.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (Attachment of a statement of purchase) and a report on investigation (Attachment of a statement of response to age assessment information stock company);

1. Application of Acts and subordinate statutes, such as details of a new card receipt, an automobile registration ledger, and output of personal member information related to credit inquiry;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The amount of damage caused by the instant crime reaches KRW 26,446,00,00.

However, the defendant recognized the crime of this case and reflects it.

The defendant has a full history of criminal punishment.