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(영문) 대구지방법원 경주지원 2015.09.02 2015고단341
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 30, 2011, the Defendant purchased one “K5 vehicle” from “C” located in Ulsan-gun, Ulsan-gun, Ulsan-gun, through a sales salesperson under his name, and the Defendant, the nominal purchaser, actually purchased and operated the said vehicle and paid the said amount as if he had the intent and ability to pay it properly. Around November 30, 201, the Defendant entered into the said car purchase contract, and settled KRW 24,065,00 for the purchase price of the said vehicle by using “NEM, a credit card company issued by Hyundai Card Co., Ltd., which is the victim.”

However, in fact, the Defendant was planning to use the said car to loan funds by disposing of it to other persons and to pay the existing individual debt, and even if purchasing the said car, there was no intention or ability to hold the said car, and there was no intention or ability to repay the loan obligations due to the use of credit cards due to excessive cumulative liabilities.

Accordingly, the defendant deceivings the above and acquired the pecuniary profit equivalent to KRW 24,065,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of three copies of a complaint, one copy of the application for membership registration of a modern card, one copy of the application for membership registration, one motor vehicle register, one copy of a card use document, one copy of a card, one copy of a certificate of card use, one card-related personal records, one overall balance of a family register, a resident registration card (a certified copy of a relevant case), an investigation report (Attachment of a relevant case), and three copies of a judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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