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(영문) 수원지방법원 2016.11.09 2016고단5251
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 5, 2016, the Defendant: (a) purchased D seal and freight cars at the call center of Hyundai Card Co., Ltd., a victim, by phoneing to the call center; and (b) applied for the “specific limit” service to temporarily increase the credit card amount; and (c) made a false statement to the effect that the Defendant would refund the credit card amount on the settlement date of credit card payments, in order to make payment for cargo cars worth KRW 16,456,00 by using the above credit card.

However, at the time, the Defendant did not have any particular property or income, sold the vehicle immediately after the purchase of the vehicle, made a loan in cash, and there was no intention or ability to repay the card price even if he paid the vehicle price with the credit card of the victim company.

Nevertheless, on the same day, the Defendant, by deceiving the victim company as above, obtained the Defendant’s credit card loan amount of KRW 16,80,000 from the victim company to increase the credit card amount of KRW 16,456,00,00 from the victim company, and paid the purchase price of the above freight amount of KRW 16,456,00 by the above card, and failed to repay the card

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application for subscription to a credit card, register of automobiles, inquiry into the details of cards, certificate of automobile transfer, certificate of remittance, and application of Acts and subordinate statutes on remittance text messages;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100,000) and there is no basic area (6-1,00) (6-1,00) (6-1,00). [Pronouncement decision] Defendant purchased the freight of this case, the victim is considered to sell it to others immediately after purchasing the freight of this case.

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