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(영문) 수원지방법원안산지원 2020.08.19 2020고단117
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 22, 2016, the Defendant was sentenced to a suspended sentence of two years in the Seoul High Court for the crime of attempted rape, which became final and conclusive on December 30, 2016.

【Criminal Facts】

On July 11, 2016, the Defendant made a false statement to the effect that “Around July 11, 2016, the Defendant would make a lump sum refund on August 16, 2016, for the following month’s credit card payment date, to the employees E and F of the victim D Co., Ltd., applying for a specific map service for the purchase of automobiles to the employees E and F of the victim D Co., Ltd., for the purchase of automobiles.”

However, at the time, the Defendant did not have any particular property or income, and was planned to sell the vehicle immediately after the purchase of the vehicle, and was planned to lend cash, and even if the purchase price of the vehicle by credit card was paid in total by 29,604,000 won, there was no intention or ability to pay the credit card price to the victim company.

Nevertheless, the Defendant received additional limit of KRW 30,000,000 from the victim under the name of the Defendant for a specific degree of service, and paid KRW 35,720,980 as the purchase price for a car in the above A, and failed to repay the price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Before the Defendant’s partial statement of the witness G’s legal statement, the Defendant’s application form for membership of the credit card member, specific degree of consent, H inquiry screen, automobile register (I), request for investigation cooperation, reply to the request for investigation cooperation, and investigation report on details of credit information inquiry reply (verification of payment of card price): Criminal history inquiry, investigation report on the record of his/her previous disposition and the results of confirmation, and the evidence duly adopted and investigated by this court, i.e., the Defendant, on July 11, 2016.

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