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(영문) 수원지방법원 2017.06.23 2017고단81
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

The Defendant: (a) purchased a vehicle with a credit card using a system that temporarily raises the maximum amount of use of the credit card when purchasing the vehicle so that the credit card company can raise the customers’ performance of using the credit card; and (b) sold it to raise cash.

Therefore, the Defendant, around June 29, 2016, called, at the modern vehicle D agency in Jongno-gu Seoul Metropolitan Government, that “I would immediately pay the card price after purchasing the vehicle with Samsung Card, if I would like to purchase the vehicle for the victim Samsung Card Co., Ltd. to purchase the vehicle for the No. 40 million won.”

However, when the victim company makes a credit card limit, the defendant purchased the vehicle with the credit card, immediately after selling it, and planned to use it as business funds, etc., and there was no intention or ability to pay the credit card price normally because there was no particular property or income.

Nevertheless, the Defendant made a false statement to an employee whose name the victim’s company was not known, and thereby, received a higher adjustment of the Defendant’s Samsung Card’s use limit from the victim’s company, and thereafter, acquired the Defendant’s Samsung Card’s financial profits equivalent to the amount of KRW 40 million by settling the Defendant’s Samsung Card with the Defendant’s Samsung Card, from that time until July 13, 2016, the Defendant acquired the Defendant’s financial profits equivalent to KRW 151,442,00 in total from seven credit card companies and Capital companies, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application form for a card, details of use of a card, details of payment on deposits, details of issuance of credit cards, and information on arrears of credit cards;

1. The N.N. registration ledger, the N.S. car trading contract, the N.S. Non-C. report, the Korean bank Non-C. card trading approval statement, and the one card approval statement.

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