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(영문) 수원지방법원 안양지원 2016.11.29 2016고단1488

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On August 23, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of assault, etc. in the Gyeyang Branch of Suwon District Court on October 23, 2016 and the said judgment became final and conclusive on August 31, 2016

【Criminal Facts】

On September 15, 2015, the Defendant requested the said employee to raise the specified limit of the credit card payment to KRW 30,000,000 to the Hyundai Card Co., Ltd., Ltd., a Hyundai Motor Co., Ltd., a member of the said agent, “A person who approves the raising of the specified limit of the credit card payment to KRW 30,00,000,000 in purchasing a high-priced vehicle” to the effect that “A person who is an employee of the said agent shall pay KRW 30,00,000 to the purchase price of the vehicle within three months at the settlement date.”

However, the defendant had no intention or ability to pay the credit card price of KRW 91,347,00 before and after October 23, 2015, which was the first settlement date of the vehicle purchase price, because he had already been in excess of his obligation at the time, while the defendant had no intention or ability to pay the credit card price.

On September 16, 2015, the Defendant had the victim pay KRW 30,000,000 to a specific degree of money equivalent to KRW 30,000,000 by deceiving the victim as such and purchasing the said low-est vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E (electronic summary form);

1. Inquiry into general trading, consent to specific applications, and inquiry into details of specific degrees;

1. Previous convictions in judgment: Application of criminal records, reply reports (A) and investigation reports (whether they constitute latter concurrent crimes in this case)-related Acts and subordinate statutes;

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

1. Reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes [the scope of recommendations given in the sentencing criteria] - the Criminal Act.