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(영문) 서울서부지방법원 2013.08.13 2013고단1517
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Reasons

Punishment of the crime

On December 12, 2012, the Defendant, in purchasing CK3 car at the station3 car station in Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul, 1629-6, sent the Defendant’s attitude that he would have repaid the price to the employee of the victims Hyundai Card Co., Ltd., who is not aware of the name, and applied for approval of a specific degree of money of KRW 20 million, and then paid KRW 20 million with the said modern card.

However, in fact, the defendant was thought to use the above vehicle for the repayment of his obligation because it was not well operated by his wife, and there was no intention or ability to pay 20 million won of the card price.

Accordingly, the Defendant, by deceiving the victim company as above, had the victim company approve a specific degree, and had the victim pay 20 million won for the vehicle, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint, an application for subscription to a modern card, the register of automobiles;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Article 62 (1) of the Criminal Act (i.e., the first offense, reflectivity, age, and the fact that the payment is to be made);

1. Social service order under Article 62-2 of the Criminal Act;

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