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(영문) 서울남부지방법원 2017.03.09 2016고단4323
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 23, 2016, the Defendant, in collusion with C, applied for the issuance of a credit card to the Victim Hyundai Card Co., Ltd. at the victim's KRW 31,500,000 on the credit limit for the purpose of purchase of the said credit card, and entered into a contract with the victim company for the temporary purchase of the said credit card by the said credit card.

However, the defendant did not have the intention or ability to pay the price in a lump sum even if he purchases the vehicle by credit card with the credit limit granted by the victim company.

Nevertheless, the defendant was granted a credit limit of KRW 31,500,000 from the victim company and purchased the above SPP car, and had the victim company settle the price, thereby having the victim company acquire property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of C in the fourth suspect examination protocol against the accused in the fourth suspect examination protocol;

1. An application for card;

1. Status of vehicle delivery;

1. Original Register of Automobile Registration;

1. A motor vehicle trade contract;

1. Application of statutes on a copy of the automobile transfer certificate;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] The degree of participation is minor, such as that there is no basic area (6 months to one year and six months) of Class 1 (less than KRW 100 million) [the person who is subject to special sentencing] [the sentence] damage has not been recovered, and the defendant received and issued a certificate of seal imprint for the sale of the vehicle in this case, and the degree of participation is also minor.

In light of the fact that the defendant's profits are not visible, the fact that the defendant's profits are not 12,00,000 won, and the criminal records are three times, there is a need to punish the defendant with severe punishment.

However, the defendant commits a crime.

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