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(영문) 춘천지방법원 2017.07.11 2017고단125
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant was in a state of bad credit standing since around 2004 because he did not repay the amount equivalent to KRW 26 million that he received insurance loans from Samsung Bio-resources in 2001, and there was a situation where there was a debt amounting to KRW 17 million that he had to pay to the neighbors.

The Defendant purchased a vehicle with a credit card payment and sold it immediately to put the vehicle into money in mind. The Defendant had the intention to see the tin in order to put the vehicle into money.

Accordingly, on May 12, 2016, the Defendant had the same attitude as issuing a credit card in order to purchase the vehicle normally to D, who is a motor vehicle solicitor by wire from the Gangwon-si, Gangwon-do, 2016, and did not pay 30,719,000 won of the card price to purchase the vehicle by the said credit card at the car G agency located in the Nam-gu Incheon Metropolitan City by contact with the said D, and did not pay 30,00 won of the card price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of a receipt certificate of a credit card, an automobile registration ledger, and credit card use details statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (10 million won or less) / [Specially mitigated person] The defendant is not subject to punishment [decision of sentence] when he/she led to a crime; the victim is not subject to punishment against the defendant; the victim has no record of crime after 2005; the defendant's age, sex behavior, environment, motive and background of the crime; and the circumstances after the crime.

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