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(영문) 서울남부지방법원 2014.06.09 2013고단3632
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 7, 2012, the Defendant obtained property benefits equivalent to the same amount, such as the Plaintiff’s purchase of the 1065-22, and the Plaintiff’s purchase of the 7th floor of Gangseo-gu, Gangseo-gu, Seoul with the 1065-22, and the 7th floor of Hyundai Card Business, Hyundai Card Co., Ltd., Ltd. with the 7th floor by having a credit card in fact engaged in daily work and making it very economically difficult to secure the living expenses by selling the vehicle immediately after purchasing the vehicle. However, the Defendant did not have the intent and ability to pay the 1st unit of the 3 (credit Card No. C) under the Defendant’s name on the same day after receiving a copy of the 265-25th unit of the 3 (Credit Card No. C).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Although there are favorable circumstances, such as the relevant statutory provisions on criminal facts and Article 347(1) of the Criminal Act regarding the punishment of punishment, the fact that the Defendant recognized his/her mistake and reflects the fact that the Defendant gains substantially acquired compared to the amount of damage, etc. However, in light of the method of the instant crime, the amount of damage, etc., the fact that the nature of the relevant crime is inferior, there is no other effort to recover damage, and all other sentencing conditions, including the Defendant’s age, character and conduct, family environment, etc., are considered, the sentence

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