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(영문) 대구지방법원 2017.07.20 2017고단979
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant opened a credit card in the name of the Defendant and opened a sales store in the name of the Defendant, and opened a public invitation to purchase the said vehicle to acquire cash by selling it to another person (hereinafter referred to as “one-time tin”), and the Defendant shared the role of preparing a card in the name of the Defendant, an application for opening a mobile phone, and issuing a certificate of seal imprint for the sale of the secondhand vehicle. A person whose name is unknown shall bear the role of opening a credit card and mobile phone in the name of the Defendant, opening a new mobile phone, and buying and selling new vehicles, etc., and the Defendant received KRW 1 million in cash from a person whose name is unknown.

Around November 25, 2015, a person whose name is unknown refers to a false statement to the effect that “A person who would normally settle the price of a motor vehicle if he/she increases the credit card payment limit due to the scheduled purchase of a motor vehicle in the card book” to an employee who is not aware of the name of the victim Hyundai Card Co., Ltd. in Yangsan-si.

However, the defendant and the person whose name is unknown did not have any intention or ability to pay the installment payment normally even if the injured person has increased the credit card payment limit.

Nevertheless, the Defendant conspired with a person who could not know the above name, by deceiving the victim as above, received a specific amount of KRW 30 million for the purchase of cars in Hyundai Card (Credit Card Number E) on the same day from the injured party, and purchased the above card with a certain amount of KRW 30 million in the market price of KRW 30 million, and acquired pecuniary benefits equivalent to that of the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (Investigation of D Personnel H);

1. Application of an application for a card, the ledger of motor vehicle registration, the membership information, and the details of approval by statutes;

1. Criminal facts;

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