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(영문) 대전지방법원 2014.03.12 2013고단458
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 23, 2011, the Defendant purchased K7 car at the Afa vehicle agency located in front of the Won-dong, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City on August 23, 201, and paid 18,880,000 won of vehicle price with the agricultural credit card.

However, at the time, the Defendant was liable for the amount of KRW 45 million, and the Defendant’s revenue was difficult to repay the existing obligation, so there was no intention or ability to pay the credit card price as agreed upon even if paying the vehicle price as above.

As such, the Defendant, by deceiving the victims’ military funds, acquired pecuniary benefits equivalent to KRW 18,880,000.

Summary of Evidence

1. Statement of the defendant in the fifth trial record;

1. Examination protocol of the accused by prosecution;

1. Application of each of the Acts and subordinate statutes stated in the complaint, credit card admission application;

1. The sentencing guidelines set forth in Article 347(1) of the relevant statutory provisions on criminal facts shall be set as the order, taking into account the following circumstances and the scope of the recommended sentence [the range of sentence [the crime group, general fraud, type 1 (less than 100 million won), basic area, imprisonment with prison labor for six months or more to one year] on the grounds of sentencing under Article 347(1) of the Criminal Act, and the following circumstances, and the sentence shall not be legally binding in order to give an opportunity to recover damage to the accused. The favorable circumstances: (a) recognize and reflects the facts of crime; (b) there is no criminal record of the same kind; and (c

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