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(영문) 인천지방법원 2013.12.17 2013고단6148
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 5, 2012, the Defendant purchased a F SP car at E agency located in Dobong-gu Seoul Metropolitan Government, and applied for an increase in the limit of vehicle purchase to the victim Hyundai Card Co., Ltd. in order to pay the above vehicle price by using the modern card under the Defendant’s name, and made a false statement to the effect that “If the Defendant would pay the purchase price of the said car in lump sum by temporarily raising the limit of the modern card under the Defendant’s name, the Defendant would repay it in lump sum on the date of settlement of the card price on the next month.”

However, the defendant did not have any particular property at the time, and the defendant thought to be commercialized by disposing of the above car immediately after the purchase of the car, so the victim company did not have any intent or ability to pay the purchase price for the car to the franchise store.

The Defendant, by deceiving the victim company, had the victim company pay KRW 24,478,00 to the above franchise store, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Investigation reports and investigation reports ( telephone conversations between persons for reference and J of persons for reference);

1. Application for subscription to a modern card and application of documents, register of automobiles, and details of card use Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act (see, e.g., the violation of criminal conduct

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