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(영문) 서울중앙지방법원 2017.04.18 2016고단9315
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 23, 2016, the Defendant used a system that grants a credit card payment limit to the employees in charge of Hyundai Card Co., Ltd. for a specific purpose, such as the purchase of automobiles, to the employees in charge of the victim Hyundai Card Co., Ltd. by using a system that grants a large amount of credit card payment limit to the customers in need of a large amount of credit card payment for a specific purpose, such as the purchase of automobiles at a service credit card company, in addition to the ordinary credit card payment limit.

“In doing so, as if the card price were to be repaid normally, raising the settlement limit of the Hyundai Card, which is the name of the Defendant issued by the victim, and then purchase the said Hyundai Card with the market price of 32 million won or more.

However, the Defendant, at the time, was liable to pay KRW 60 million to the Korea Housing Finance Corporation, and did not pay KRW 11 million for the surcharge. However, the Defendant thought that the said purchased passenger car was commercialized by immediately returning it to the said time, and therefore, there was no intention or ability to pay the said card to the victim.

Nevertheless, the Defendant: (a) deceiving the victim as if he would normally settle the card price as above; and (b) had the victim pay the above vehicle price of KRW 32 million on the same day; and (c) acquired the same pecuniary profit.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaints, inquiries into applications for membership, the present status of delivery by car masters, inquiries about specific details, and application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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