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(영문) 수원지방법원 성남지원 2016.05.19 2016고단98
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is disadvantageous to one person B.

The Defendant knew the fact that Hart Haart applied for the issuance of Hyundai Card, which is an affiliated card, and purchased goods, before issuing the card, the Defendant knew that he first puts the goods on the Internet loan advertisement before issuing the card, and had the Defendant applied for the issuance of the card under the name of other C than the public prosecution induced by using the Internet loan advertisement, and received the goods and disposed of them for profit.

On July 19, 2011, the Defendant requested the victim F, the captain, to issue an application for the Hyundai Card, which is the Hatt E in the name of C, to deliver the first thing when settling the price without a mold.

However, C makes credit cards by lending the defendant.

The defendant has no intention or ability to pay the price for the goods under the name of the applicant, and the defendant was also a plan to take profits after the prior delivery of the goods by using the above C, and there was no intention or ability to pay the price for the goods.

Nevertheless, the Defendant made such a false statement to the victim, and then purchased electronic equipment equivalent to KRW 6,330,000 from the damaged party, such as Nsolid, Samsungbuk, etc., and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

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

1. G statements;

1. The petition for complaint, certificate of contents, applications for temporary credit card issuance, and sales slips;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

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

1. Selection of an alternative fine (1.5 million won has been first paid and agreed to repay in installments, taking into account the fact that there has been no recent same kind of power);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment order is issued for the reasons under section 334(1) or more of the Criminal Procedure Act;

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