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(영문) 대구지방법원 2020.05.20 2019고단6541
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant conspired with “B” and “C” in collusion with the Defendant to obtain a credit card in the name of the Defendant, and attempted to raise cash by purchasing and selling an automobile with the said credit card.

According to the above public offering, the Defendant: (a) set a specific limit of KRW 30 million for the purpose of purchasing a motor vehicle; and (b) issued a D in the name of the Defendant from the victim D Co., Ltd.; and (c) around April 17, 2015, the Defendant purchased a Ffuerer vehicle in the name of the Defendant at the Esan agency located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, and used the Fuererer vehicle in the said card in settlement of KRW 33,300,000 for the vehicle price.

However, in fact, the Defendant did not have certain occupation or particular property at the time, and was thought to promptly deliver the passenger car purchased as above to the person under whose name the car was named, and thus, the Defendant did not have any intention or ability to pay the card use fee normally even if the car was purchased with the credit card issued by the victim as

As such, the Defendant, in collusion with the person who was named in the name of the victim, by deceiving the staff in charge of issuing the victim's nameless card, and by paying the purchase price of the said car with the credit card issued by the said employee, acquired financial benefits equivalent to KRW 33 million.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A copy of a contract for application for a specific map, a copy of the register of automobiles, a copy of a specific map of inquiry, a copy of a credit card issuance ledger, or a copy of H overdue information;

1. Application of Acts and subordinate statutes to investigation reports (D counterpart investigation, counter-investigation of Esan agencies);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Sentencing criteria;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The types of recommendations according to the sentencing criteria.

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