beta
(영문) 수원지방법원 평택지원 2016.07.07 2016고단473

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On December 6, 2012, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Suwon Friwon, and the above judgment became final and conclusive on the 14th of the same month.

[Criminal facts] On November 17, 201, the Defendant made a false statement to the effect that “The Defendant would have the victim Hyundai Card Co., Ltd. to purchase the vehicle so that he would have a specific credit card service provided, as he would have to purchase the vehicle,” purchased the vehicle from the D agency located in Seoul Special Metropolitan City, Nowon-gu.

However, at the time, the Defendant was liable to pay the amount equivalent to KRW 25 million to the bond business operator because the business operated by the Defendant was not well-grounded, and there was no intention or ability to pay the credit card price to the victim because the Defendant had sold the vehicle after purchasing the vehicle.

As such, the Defendant, by deceiving the victim, purchased vehicles of an amount of 388.60,00 won at the market price by taking a specific credit card service from the victim, but did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. A complaint;

1. Original Register of Automobile Registration;

1. Investigation report (F Telephone statement);

1. Previous convictions: Criminal history inquiry and investigation report (a separate attachment to judgment) [the Defendant, along with F, engaged in insurance business with F, and was required to receive KRW 40 million as dividends for insurance business from G, and thus, he/she thought that he/she would pay the credit card price of this case with such money.

However, the following circumstances revealed by the foregoing evidence, namely, the bond company, on November 18, 201, when the Defendant received the instant vehicle, found the vehicle and brought the vehicle to the head immediately. If the Defendant did not notify, the bond company could not bring it to the relevant place, and if he/she could receive KRW 40 million from G to November 25, 201, he/she would receive KRW 20 million from G.