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(영문) 전주지방법원 2015.12.23 2015고단1817
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[Criminal Power] The Defendant was sentenced to imprisonment for six months as a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Catra, Use and Screening of Camer, etc.) in support of the Jeonju District Court on September 15, 2015 and was sentenced to two years of suspended execution on September 23, 2015, and is still under suspended execution.

【Criminal Facts】

The Defendant is a person who operated a C gas station from January 2, 2013 to January 2014.

On December 27, 2013, the Defendant called the victim Hyundai Card Co., Ltd. (157-6000) with the victim Hyundai Card Co., Ltd. (157-6000) and received KRW 30,000,000 from the Defendant’s card holding, by making a false statement that “the Defendant would make use of the credit card to purchase the new car.”

However, in fact, the defendant was scheduled to close the business because the income of the gas station operated at the time was not good, and the defendant purchased a new vehicle with a specific degree of subsidy from the damaged company and then purchased it with the vehicle and attempted to use the money as operating expenses of the gas station, so there was no intention or ability to pay the cost of the vehicle to the victimized company.

On January 14, 2014, the Defendant received a specific limit of 30,000,000 won from the victimized Company for the purpose of purchasing vehicles, and entered into a contract for the purchase of vehicles with Hyundai Motor Business Employees, and purchased the franchise D in a lump sum by using a card that received a specific limit as above, and then acquired the financial benefits equivalent to the same amount without paying KRW 31,415,623.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. A complaint;

1. Each investigation report and accompanying documents;

1. Application of court rulings and criminal records statutes;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act concerning the facts constituting an offense;

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