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Reasons
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(영문) 창원지방법원 진주지원 2016.08.10 2016고단548
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Hyundai Card Co., Ltd, which is a victimized company, operates a “specific request system” that temporarily raises payment limit in order to support the purchase of vehicles at the request of credit card customers.

On November 11, 2015, the Defendant made a false statement to the effect that the Defendant would pay the settlement amount by making a specific request to the victim company for the purchase of NAS vehicles in the Hyundai Motor C agency located in Jinju-si B.

However, the Defendant had no property at the time and had a debt worth of approximately KRW 200,000,000 in our bank, etc., and even if purchasing the No.N. vehicle, it did not use it and immediately sold it to another person and used the price, and thus, the Defendant was able to pay the No. 200,000 by credit card using the request system.

(2) there is no intention or ability to pay the price.

Nevertheless, the defendant deceiving the employees in charge of the victimized company as above and thereby, was granted a specific amount of KRW 44 million from the victimized company on the same day, and the defendant purchased the DNA car and caused the victimized company to pay the vehicle price of KRW 44 million by credit card, thereby allowing the victimized company to pay the vehicle price of KRW 44 million to the Hyundai Motor Company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of sentence recommended on the sentencing guidelines [the types of decisions] frauds (special mitigation factors] below KRW 100 million where victims are fully responsible for the occurrence of a crime or the expansion of damage (the scope of recommended punishment) and one to one year;

2. The defendant who has rendered a sentence shall pay a card to the victim.

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