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(영문) 서울서부지방법원 2016.03.18 2015고단2943
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 28, 2013, the Defendant subscribed to a new card as a member, and was used on September 13, 2013 by issuing a credit card (credit card number C) from the new card Co., Ltd. on September 13, 2013, and was willing to acquire money by means of using the fact that it is not immediately confirmed by a financial institution in the case of receiving loans from several financial institutions on the same day due to lack of funds while operating the clothes.

On July 22, 2014, the Defendant temporarily increased the credit card limit of KRW 7,90,000 to a victim’s new credit card company’s name-based counselor, as it is necessary to increase the amount of temporary use of credit cards to purchase a motor vehicle.

However, even if the Defendant purchased a motor vehicle, it was thought that the Defendant would immediately sell the motor vehicle and raise funds, and on the same day, the Defendant received loans from other financial institutions in a lump sum, and even if it makes payments by increasing the credit card use limit, it did not have the intention or ability to pay the price.

Ultimately, the Defendant made a false statement to the victim as above, and on July 23, 2014, the victim paid 33 million won as the purchase price for a motor vehicle from Songpa-gu Seoul Metropolitan Government “E” located in Songpa-gu Seoul Metropolitan Government around July 23, 2014, and did not pay the price, thereby acquiring property benefits equivalent to the above money.

[The defendant denies the criminal intent of defraudation, but when considering the following circumstances recognized by the evidence, the defendant used the credit card as the purchase price of the motor vehicle even though he knows that the defendant did not have the intent to pay the price or that he did not have the ability to pay the price at least, even though he knew of the fact that the defendant used the credit card.

may be appointed by a person.

1. The Defendant used the credit card as the purchase price of the automobile as above.

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