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(영문) 대전지방법원 서산지원 2012.10.12 2012고단607
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 6, 2010, the Defendant prepared and submitted a “application for membership of the current card” to an employee in charge of the issuance of the card under his/her name at the KRW 37,140,000 from the modern car D agency located in Seocheon-gu, Seocheon-gu, Seoul, which was issued with the Defendant’s name. On February 24, 201, the Defendant settled by the said modern card under his/her name when purchasing TG vehicles (E).

However, in fact, the defendant was in excess of his/her obligation at the time, and there was no particular income or asset, so even if he/she pays by the card as above, he/she did not have the intent or ability to repay the

Nevertheless, the Defendant, by deceiving the victim as above, had the victim pay the said credit card settlement amount, thereby acquiring the pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. An application for membership registration of a modern card, and application for the use of a modern card slab-line;

1. An individual general inquiry;

1. Application of the motor vehicle register (A) legislation

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The punishment corresponding to it shall be determined in consideration of the fact that the criminal intent to acquire the defendant by deceit is active, the amount of damage is large, and the damage is not recovered from the crime in light of the fact that the defendant's criminal intent to obtain the punishment of selective punishment of imprisonment is positive, and the punishment is not available, but the punishment shall be determined in consideration of the fact that the crime is committed properly and properly, the economic situation is difficult, and the fact that there is no same

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