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(영문) 서울북부지방법원 2014.11.20 2014고단2988
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

From September 2009, the Defendant applied for an increase in the limit of use by telephone to the victim company on January 15, 2014. On January 16, 2014, the Defendant applied for a specific limit for the purchase of automobiles to the victim company. On January 20, 2014, on the purchase of a low-level car from the Hyundai Motor Vehicle Co., Ltd., located in Mapo-gu Seoul Metropolitan Government Co., Ltd., the Defendant paid KRW 30,000,000 by the credit card of the victim company for three months.

However, at the time, the defendant did not have any intention or ability to pay the credit card fee to the victim company because he was only liable for approximately KRW 150,000,000 without any income or property.

In addition, the Defendant received a credit card service of KRW 45,300,000 from the victim company in the same manner as shown in the attached list of crimes from January 21, 2014 by the same method as in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the Director of Loan;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) does not specify the amount obtained by deceitation of the reason for sentencing, but did not agree with the victim;

However, the punishment shall be determined by taking into account the circumstances, such as the fact that the defendant has no record of committing any crime, that he must raise young children, that 6.5 million won has been paid to the victim company, that the remaining credit card use amount has been agreed to make installment payments with the Hyundai Capital Capital Co., Ltd. that has taken over it and 1.6 million won each month, and that the repayment is faithfully made, and that all of the crimes have been led to a confession.

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