(영문) 서울북부지방법원 2014.12.12 2014고단3456

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(영문) 서울북부지방법원 2014.12.12 2014고단3456

사기

Text

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

Reasons

Punishment of the crime

On March 5, 2014, the Defendant filed an application to raise the specific credit card settlement limit with the statement to the effect that “as money is necessary to purchase a vehicle from an Arabic vehicle, it is possible to pay the card purchase price to the employee in charge of false name by phone calls to the victims Hyundai Card Co., Ltd., and then to pay the card purchase price to the employee in charge of false name, raising the specified limit of credit card settlement.”

However, in fact, the Defendant had no particular property at the time, and the monthly income was excessive to 1.5 million won, and there was no intention or ability to operate the said vehicle in a normal way or to pay the card price in a normal manner, only as the Defendant transferred it to a third party and planned to provide financing to a third party.

The Defendant received a specific amount of KRW 30 million from the victim on the same day, and around March 10, 2014, the Defendant purchased a D SP car at a Aeronautical Motor Cagency located in Dobong-gu Seoul Metropolitan Government, and paid KRW 29,300,000 with a card to the victim to pay the vehicle price of KRW 29,30,000,000,000,000,000,000,000,000 won.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Copy of an application for membership in a modern card;

1. Copy of the register of automobiles;

1. Application of the Acts and subordinate statutes to specific maps, specifications, output and output;

1. The crime of this case on the grounds of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act for the punishment of the crime of this case on the grounds of sentencing of the crime of this case is committed, even though the vehicle purchased by the defendant was immediately sold to another person and did not have the intent or ability to pay the card price for the purpose of financing funds by selling it to the other person, the money by deceiving the victim and is not sufficient to be the quality of the crime, and the agreement with the victim

참조조문

-형법 제347조 제1항

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