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(영문) 대구지방법원 서부지원 2015.05.07 2015고단236
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 3, 2012, the Defendant, together with B, C, D, and E, concluded on May 3, 2012, that “The Defendant would normally pay a loan to a staff member of the Victim Hyundai Capital Co., Ltd.’s name in Seongdong-gu Seoul, Seongdong-gu, Seoul, stating that “I wish to purchase a vehicle and would normally pay the loan if I lend it.”

However, even if Defendant B, and E obtained a vehicle purchase loan, they did not think that they would normally use it, and they would not sell it to a third party.

The Defendant, in collusion with B, C, D, and E, by deceiving the victim as above, and then acquired 27 million won as a loan for vehicle purchase on the same day from the victim.

2. Around May 3, 2012, the Defendant, along with B, C, D, and E, concluded that the Defendant purchased a Vietnam-style cruise car at H I located in Yangcheon-gu Seoul Metropolitan Government, and that the Defendant would raise the card limit to the staff J to pay the purchase price of a Vietnam-style cruise car using the on-site card.

However, even if the defendant, B, and E purchased the B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

The Defendant, in collusion with B, C, D, and E, by deceiving the victim Hyundai Card Co., Ltd., and by raising the credit card limit on the same day, settled the purchase price of 42 million won for vehicles on the same day, and by allowing the victim to act on behalf of others, acquired the amount equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each prosecutor's interrogation protocol against the defendant, C, and B

1. Article 347 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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