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(영문) 대전지방법원 논산지원 2016.06.14 2015고단679
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 28, 2015, the Defendant issued a credit card from the victim Hyundai Card Co., Ltd. to him/her at a place where his/her address is unknown. On the other hand, the Defendant would pay off the purchase fund of the vehicle within two months to the employees of the victim company’s name, “I want to purchase a vehicle with a credit card,” by increasing the limit of the card to 30 million won.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant did not have certain income and assets at the time, and was liable for loans worth KRW 150 million to Hyundai Capital, etc., and even if purchasing a vehicle by a credit card, the Defendant did not have the intent or ability to settle the price. On the day of purchasing the vehicle, the Defendant thought that he was the tin of the vehicle, as soon as he purchased the vehicle by a credit card.

The Defendant, by deceiving the victim company, received immediately the credit card use limit of KRW 30 million from the victim company, and then purchased 7 passenger cars from the “business store that was happyly carried out by her son,” which was located in 148, Echeon-si, Echeon-si, Echeon-si, and caused the victim to pay KRW 29,068,089 to pay the 29,088,089 won to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Inquiries about specific details, age, and overdue information;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes on credit reports;

1. The relevant legal provisions of the criminal facts and the reasons for sentencing of Article 347(1) of the Criminal Act on the selection of punishment [the scope of recommendation] [the scope of punishment] under the basic area (from June to January, 100] (no person subject to special sentencing] [the decision of sentence] of the defendant reflects his/her mistake. However, although the defendant had been punished several times for the same crime, he/she again commits the crime of this case during the period of suspension of execution, even though he/she had a record of punishment several times for the same crime, he/she again commits the crime of this case during the period of suspension of execution, the damaged amount reaches 29 million won, and the damaged amount was recovered 3,376.

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