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(영문) 인천지방법원 2014.08.14 2014고단49
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 September 2, 2013, the Defendant stated that “The Defendant applied for the specific limit of the Hyundai Card Co., Ltd., Ltd., which is in possession of k5 vehicles, and applied for the limit of settlement of the card temporarily to the person in charge of Modern Card Co., Ltd., through the employees of the above Madern Card Co., Ltd., through the employees of the above Madern Card Co., Ltd.”

However, in fact, the Defendant did not have any particular property at the time, and even if he did not have any certain income since he retired from the workplace from November 201, and only he did not repay debts, he did not intend to pay the said amount even if he did not have any intent or ability to pay the purchase price by means of the card even if he paid the purchase price of the vehicle by means of the card after purchasing the vehicle by raising the credit card payment limit due to the need for the living expenses and the hospital expenses of his parents.

Around September 9, 2013, the Defendant, by deceiving the victim as such, had the victim pay KRW 29,691,00 as the purchase price for a vehicle with CK5 car, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning card and settlement for the purchase of vehicles;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) (one month to one year), the mitigation area (special mitigation person] (Article 1-1 year) or the restoration of considerable damage [decision of sentence] is not well-grounded in the crime, but is not subject to punishment due to agreement with the victimized company, and there is no record of the same kind of power and there is no record of the suspended sentence (Article 62(1) of the Criminal Act (Article 62(1) of the suspended sentence).

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