(영문) 서울중앙지방법원 2015.10.30 2015고단3722

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(영문) 서울중앙지방법원 2015.10.30 2015고단3722

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2013, the Defendant stated that “If a credit card is opened under the name of the party and is transferred, the credit card will be used and the user fee will be paid in the following month. In addition, if a vehicle is purchased and transferred under the name of the party, the vehicle will be used by the company and the vehicle will be paid in installments from the company.”

However, at the time, the Defendant established the company called (State)D, but the above company did not have any operating funds, and the Defendant did not have any property or income, such as bad credit standing, and even if used with credit cards or automobiles built from the victim, there was no intention or ability to pay the funds.

As such, the Defendant, by deceiving the victim, used the sum of KRW 4,431,700 between the victim’s modern card and one lot card from the victim’s name until December 2013 from that time, and acquired the sum of KRW 16,620,00 from that time to December 2013. The Defendant acquired one motor vehicle of KRW 16,620,00 and acquired the sum of KRW 21,051,70.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of part of the protocol concerning the interrogation of the accused by the prosecution (including each substitute part of theC and E);

1. Partial statement of the police suspect examination protocol against the accused (including cross-examination part againstC);

1. Statement to C by the police;

1. Details of transactions in modern card cards, details of use of lot cards, copies of a sales contract for a machine, modern capital payments, and register of automobiles;

1. Criminal records and the application of applicable statutes of each judgment;

1. Grounds for sentencing choice of imprisonment with prison labor, Article 347(1) of the Criminal Act applicable to the relevant criminal facts;

1. Standard for sentencing [the range of recommending punishment] the basic area (six months to one year and six months) of types 1 (less than 100 million won) general fraud; and

2. Specific grounds for sentencing

(a)afford a motor vehicle as security, that the defendant recognized the defendant's mistake at the latest, and reflects it;

참조조문

-형법 제347조 제1항

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