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(영문) 인천지방법원 부천지원 2017.08.09 2017고단1325
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, around February 12, 2016, was a C agency located in Guro-gu Seoul Metropolitan Government, and the fact was that the Defendant had the intention to sell the car immediately after purchasing the car from the beginning, and there was no intention to pay the purchase price even if the car was purchased with the credit card issued by the Defendant Hyundai Card Co., Ltd.

Nevertheless, the Defendant issued a credit card to an employee in charge of the victim’s in-depth position by making a false statement to the effect that “the Defendant would pay the passenger car price with the credit card if he issues the credit card, and pay the credit card price,” and then purchased one set of the passenger car in SP amounting to KRW 20 million at the market price, and made the victim believed to pay the amount of KRW 20 million with the above credit card to pay it to the automobile and caused the victim who believed to be a normal transaction to pay the above amount of KRW 20 million, and not pay the above credit card price.

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 against D;

1. Application of Acts and subordinate statutes on the use of modern cards, such as a sales contract, an application for subscription to credit card holders, an automobile registration ledger (A), and an inquiry of modern card holders;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize and reflect the error of the defendant.

There is no record of the same crime.

No victim shall be punished by agreement with the victim.

It is not a crime that has been planned from the beginning with a conclusive intention.

In addition, punishment shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the amount of fraud, the age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc. after the crime.

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