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(영문) 전주지방법원 2015.08.28 2015고단800
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 15, 2014, the Defendant made the said employee to raise the credit card payment amount to KRW 30 million to the Hyundai Card Co., Ltd. on the part of Hyundai Motor Co., Ltd. Co., Ltd., Ltd., Ltd., which is located in the Jeoncheon-gu Seoul Special Metropolitan City, on the following grounds: “As it is necessary to make money to purchase DNA franchise vehicles, the Defendant approved to raise the specified limit of payment of credit card to KRW 30 million, and would pay the card payment after the settlement of the purchase price of the vehicle.”

However, the Defendant did not have any particular property at the time, while the Defendant was obligated to pay approximately KRW 70,000 as principal and interest every month because there was a debt equivalent to KRW 70,000,000 in the financial rights, such as the former bank, etc., and there was no intention or ability to pay the card price normally.

Nevertheless, on December 15, 2014, the Defendant received a specific amount of KRW 30 million from the victim, and purchased the franchising vehicle by credit card, and had the victim pay KRW 30,100,000 to the Hyundai Motor Co., Ltd., by allowing the victim to pay KRW 30,100,000 to the franchising vehicle.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the register of automobiles and the laws and regulations of the Credit Card Member Council

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

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

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the amount of damage caused by the instant crime is not considerable, etc. disadvantageous to the Defendant.

However, the defendant's act of committing the crime of this case reflects his mistake, and the defendant commits the same crime.

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