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(영문) 대구지방법원 2013.10.25 2013고단5257
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

Although the Defendant intended to purchase a vehicle by using modern M3 credit cards, it is merely 4 million won and is merely 4 million won in paying the vehicle price, the Defendant was willing to pay the vehicle by using the card, raising the limit of the use of the credit card without any limit, and was given a certain amount of money in KRW 15 million on April 9, 2013 by asking the victim Hyundai Card Co., Ltd. to raise the limit of its use.

On April 10, 2013, the Defendant purchased a car from the coffee specialty store located in Daegu Suwon-gu B, and settled the vehicle price of KRW 19 million with the said card.

However, the Defendant did not own property, and even if he used the card as above, he did not have the intent or ability to repay the price, and was planned to sell and use the motor vehicle so purchased in cash.

The defendant had the victim pay 19 million won for the vehicle to the modern vehicle, and acquired the same amount of property benefits in a manner that does not redeem the card use price even if he purchased the car by borrowing it.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application for membership registration, the register of automobiles, the application for membership, the inquiry into personal general transactions, the inquiry into specific applications, and the application of Acts and subordinate statutes of the Credit Card Payments;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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