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(영문) 춘천지방법원 속초지원 2018.11.21 2018고단155
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2015, the Defendant called the victim Hyundai Card Co., Ltd. (hereinafter “victim Co., Ltd.”) call to the call center (hereinafter “victim Co., Ltd.”) and temporarily raised the limit of the card being used to purchase a vehicle. The Defendant would pay the card price due to the purchase of a vehicle in lump sum on September 25, 2015.

“A false representation was made.”

However, in fact, the Defendant purchased a vehicle with an increased limit of time with the above-mentioned temporary card and thought to be used for personal purposes, and did not have any intent or ability to pay the card price in a lump sum, even if he purchased a vehicle with a card with increased limit approval from the victim company, even if he purchased a vehicle using the card with the card with increased limit approval from the victim company.

After obtaining approval for the extension of the card limit from the victim company, the Defendant acquired the pecuniary benefits equivalent to the above amount by purchasing 38,090,000 rocketing car cars from the car agency in Eunpyeong-gu Seoul Metropolitan Government with the above card on August 17, 2015, and not paying the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police for E;

1. Application for membership of the Hyundai Card Member, the Motor Vehicle Registration Register, personal general transaction inquiry, inquiry of the results of specific strategic implementation, and the application of Acts and subordinate statutes on late payment information;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes the defendant to commit a crime, the fact that the defendant has no same record, and the crime of this case purchased the vehicle by the card with no intent or ability to pay the vehicle for the purpose of preparing cash, and the crime of this case is inferior to the quality of selling it until now.

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