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(영문) 서울중앙지방법원 2015.05.26 2015고정1453
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 21, 2011, the Defendant agreed to pay the same amount to the Victim Hyundai Card Co., Ltd. by December 12, 2011 of the following month, when paying one motor vehicle (D) in the amount equivalent to KRW 26,542,00 in lump sum at the C Daegu C Daegu C Daegu C Daegu C-B from the date of payment by modern credit card M (E).

In fact, even if the defendant pays the above vehicle with credit, the defendant did not have the intention or ability to pay the vehicle to the victim by December 12, 2011.

Nevertheless, the Defendant, after making a lump-sum payment from the above credit card, did not pay 26,542,000 won for the lump-sum payment until December 12, 201, and acquired property benefits equivalent to the same amount by allowing the Victim Hyundai Card Co., Ltd. to pay the vehicle amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of each statute on filing of a complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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