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(영문) 창원지방법원 2013.10.18 2013고단2356
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant operated D Co., Ltd. for the purpose of manufacturing industry machinery in Kimhae-si.

In fact, since around January 2008, the above company's financial situation becomes difficult, and since the construction of a new factory building around January 2012, the financial situation becomes worse, the monthly wage of the factory and the employees was overdue, as well as around 4 billion won, and there was no intention or ability to pay the use price on the date of settlement even if the credit card is used by the victim company, Gyeongnam Bank.

Nevertheless, around August 1, 2012, the Defendant was provided with gas supply equivalent to KRW 140,00 from the above credit card (credit card number: G) at the Fju station located in Kimhae-si, Kimhae-si, and from that time, from that time, the same year.

9. By October, 190, the credit card used the above credit card in total 48 times, such as in the list of crimes, and did not pay the amount equivalent to 40,070,760 won, and had the victim make the payment by subrogation, thereby obtaining pecuniary profits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of investigation reports (report on verification of card numbers with credit cards used by suspects)-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( Taking into account factors of sentencing favorable to the accused among the reasons for sentencing following the suspended sentence);

1. Although there is a large amount of the reason for the sentencing of Article 62-2 of the Social Service Order Criminal Act, the defendant is not subject to punishment exceeding a fine, the circumstances leading to the crime of this case, the fact that the nature of the crime is not heavier than that of other general frauds in light of the details and methods of the deception of this case, the location of the use of the fraud money, the circumstances after the crime, etc. shall be determined

It is so decided as per Disposition for the above reasons.

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