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(영문) 울산지방법원 2013.07.12 2013고단608
사기
Text

A defendant shall be punished by imprisonment for four 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 knew that a credit card company issues a credit card for the settlement of vehicle purchase even if there is no special property or income in the case of purchasing a motor vehicle, he purchased a motor vehicle with a credit card without the intention or ability to pay the card price, and received it by lending it to prepare cash.

Around August 9, 2012, the Defendant made a false statement that “I would like to purchase one motor vehicle of the Engines, and would like to settle by credit card,” at the Seog-dong 447-8 Mao Motor Vehicle (State), a staff member of the said agency.”

However, the Defendant did not have any special property or occupation at the time, so there was no intention or ability to pay the credit card price even if he purchased a motor vehicle.

On August 9, 2012, the Defendant: (a) ordered the said C to obtain one credit card in the name of the Defendant from the Victim Hyundai Card Co., Ltd.; (b) and (c) paid the vehicle price of KRW 29,050,000 with the credit card issued by the said book agency on the same day.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

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