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(영문) 서울동부지방법원 2017.09.22 2017고정810
사기등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant leased a motor vehicle from a corporation that operates a motor vehicle leasing business based on the unmanned system (hereinafter referred to as "green car") and had a credit card kept exclusively for the main use of the relevant motor vehicle without the consent of the aforementioned company.

On December 5, 2016, at around 00:20 on December 5, 2016, the Defendant lent the car of the Malaysia, which is a car owned by 00:20,00 won, and presented the credit card of the franchis to the employee of the fransing station in Songpa-gu Seoul, as if he had legitimate right to use the franchis, which was kept in the franchis station in the franchis station operated by 00:23 on the same day.

As a result, the Defendant, by deceiving the employees in the above name, was issued petroleum products from the injured party, and used credit cards embezzled by obtaining petroleum products from the victims by the same method three times from that time to December 27, 2016, including the use of green car credit cards for any purpose other than the main purpose of the car in the end of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Lease contract;

1. The details of oil supply;

1. Application of Acts and subordinate statutes on the sales slips;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts, the choice of punishment, and the selection of fines for each type of crime, Article 70(1)4 of the Act on Specialized Credit Financial Business (illegal use of credit cards) and Article 70(1)4 of the Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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