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(영문) 서울북부지방법원 2017.09.07 2016고단4842
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant did not have any intent or ability to repay the price even if the Defendant applied for a specific credit card from the Hyundai Card Co., Ltd. for the use thereof.

Nevertheless, on August 26, 2013, the Defendant, at the first floor of the Gyeonggi-si Building B at the point of a car, purchased DNA car at the location of the automobile, applied for Hyundai Card and a specific map, and settled 30 million won of the vehicle purchase fund in a lump sum by October 5, 2013, the Defendant would pay the above KRW 30 million until October 5 of the same year.

The victim made a false statement and caused the victim company to pay 30 million won for the defendant.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Complaint;

1. To make an application for membership, specific inquiries, requests for membership, inquiries about overall personal transactions, and inquiries about the details of deposits on cards;

1. Application of Acts and subordinate statutes to the Motor Vehicle Registration Register;

1. The circumstances, such as the relevant legal provision on criminal facts, Article 347(1) of the Criminal Act, the number of criminal offenses committed by the defendant for the reason of sentencing the sentence of imprisonment, and the amount of fraud, and the fact that the defendant is currently unknown, and the punishment as ordered shall be determined by comprehensively taking into account various circumstances, including the defendant’s age, sex behavior, motive for the crime, and circumstances after the crime, etc.

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