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(영문) 서울중앙지방법원 2014.02.20 2013고단8445
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On December 24, 2012, the Defendant applied for a loan of KRW 2,000,000 to an employee in the name of the victim Hyundai Card Co., Ltd. for the lending of KRW 2,000,000 to the bank account (D) in the name of the Defendant on the same day, and received the transfer of KRW 2,00,000 from the bank account in the name of the Defendant.

However, on March 23, 2012, the Defendant was issued with the above Hyundai Card (C) under the name of the Defendant by the victim company, but at the time, the Defendant did not properly prepare for living expenses due to the lack of property or income, while he was in charge of the Defendant’s debt KRW 30,000,000,000, and was issued with a modern card by deceiving the victim company as if he could settle the card use price or loan with the absence of the intent or ability to settle the card use price or loan even if he was given a credit card loan or cash service by using a modern card, and then received a loan as above.

As above, the Defendant, by deceiving the employees of the victim company and by deceiving them from the victim company, acquired KRW 2,00,000 from the victim company, and acquired the total of KRW 15,724,671 from the victim company on six occasions as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 347 of the Criminal Act applicable to the facts constituting an offense: Article 347 (1) of the Criminal Act comprehensively;

1. Suspension of execution: Article 62 (1) of the Criminal Act (it shall comprehensively take into account the following factors: Article 62 (1) of the Criminal Act (the fact that the defendant is against the recognition of all crimes, the fact that there is no criminal record

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