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(영문) 수원지방법원 안산지원 2013.04.12 2013고단482
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 2012, the Defendant purchased a passenger car using a modern card held by his father with the need of cash due to living expenses, hospital expenses of his father, etc., and sentenced him to lend money by selling it.

On July 26, 2012, the Defendant filed an application to increase the limit amount of the modern card to KRW 27,821,000 with the victim Hyundai Card Co., Ltd. (hereinafter “victim Co., Ltd.”) by purchasing B-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-

However, the defendant did not have any particular occupation or income at the time, but it is necessary to pay the purchase price of a car with a modern card, so even if he pays the purchase price of a car with a modern card, he did not have an intention or ability to pay the purchase price, and he thought that he would make a cash loan after purchasing the franchising car.

As above, the Defendant, by deceiving the victim company, posted the limit amount of modern card to KRW 27,821,00,000, and then settled KRW 27,821,000 of the purchase price for passenger cars using the modern card, acquired property profits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application for membership registration, copy of the register of automobiles, personal general transaction inquiry, and credit card payment records inquiry shall be governed by Acts and subordinate statutes;

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

1. Suspension of execution of punishment under Article 62 (1) of the Criminal Act (the execution of imprisonment shall be suspended, but the community service order shall be added), taking into consideration the fact that the crime in this case was committed for the purpose of reflecting the sex, basic livelihood and medical expenses, the detention of the accused accompanying excessive difficulties for his family members, the number of damage amount, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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