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(영문) 대구지방법원 2016.04.28 2015고단6334
사기
Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 25, 2011, the Defendant: (a) around December 25, 201, using the Hyundai Card M (Credit Card Number: D) in the name of the Defendant without intent or ability to repay the loan, as in the terms of the lending contract, around 25, 201, the Defendant received KRW 4 million loan from the Defendant Hyundai Card Co., Ltd.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 2, 2012, the Defendant borrowed a credit card loan of KRW 4 million from the victim company at the same place as that of paragraph (1) around January 2, 2012.

Accordingly, the defendant was given property by deceiving the victim.

3. On January 27, 2012, the Defendant: (a) purchased a vehicle of KRW 29,472,00 in the market price at the Plaintiff’s car F agency in Ansan-si Co., Ltd., the Plaintiff settled KRW 29,472,00 by using the said modern card M (D) around January 27, 2012, when purchasing a vehicle of KRW 29,472,00.

However, in fact, the defendant purchased the vehicle as above, and then sold the vehicle immediately, and did not have any intention or ability to pay the card even if he pays the vehicle by the card.

Accordingly, the Defendant deceivings the Victim Hyundai Card Co., Ltd. and acquired the amount of KRW 29,472,00.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the suspect against the defendant (including G statements);

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 2 through 8 of the evidence list);

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the case where mitigation area (one month to one year) of Class 1 (less than KRW 100 million) is reduced (one month to one year), a person who is not subject to special mitigation], or a case where considerable damage was restored (the decision of sentence is made], and the following circumstances and the defendant's seal.

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