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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. Around August 2007, the Defendant made a telephone call to the victim C to the effect that “If he/she lends a card that requires money to operate his/her business, he/she will use the card and pay the card in advance.”
However, the Defendant did not have any specific property and did not have any intent or ability to pay the price even if he used the card by the victim because the Defendant did not have any obligation to the lending company.
Nevertheless, the Defendant, by deceiving the victim as above, received one copy of the national card from the victim, and thereby exempted him from paying the above credit card more than four times, such as the entry in the list of offenses, and thereby, exempted him from paying the total amount of 8,674,400 won.
2. On December 9, 2010, the criminal defendant with respect to a motor vehicle was called to the victim C by phoneing to the victim C, and “If a motor vehicle is purchased under the name of the party as it is necessary to operate the motor vehicle, the purchase price will be paid.”
However, the Defendant did not have any specific property and did not have any intent or ability to pay the purchase price even if he purchased the vehicle under the name of the victim because the Defendant had been liable for the obligation of the lending company.
Nevertheless, the Defendant, by deceiving the victim as above, had the victim purchase a D Albaon car under the name of the victim, and received it, and exempted the victim from paying a total of KRW 37,946,374 by not paying the installment amount, thereby acquiring property benefits equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to investigation reports (attached to documents, such as details of accounts submitted by suspects);
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Aggravation for concurrent crimes;