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(영문) 인천지방법원 2016.06.23 2016고단1567
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was liable for approximately KRW 110,000,000 for a credit card, such as receiving loans from about 11 card companies and paying the card price in the form of preventing the return of the loan by using another card. On September 2015, the Defendant purchased a vehicle with a credit card through Internet search, and immediately becomes aware of the so-called “vehicle tin” of lending money by selling it on the medium and medium-sized car transaction, and tried to prepare cash and pay the existing debt.

Therefore, the Defendant did not have the intent or ability to pay the card price due to the foregoing reasons, and at the Goyang-gu Office Ctel around October 1, 2010, the Defendant applied for the issuance of a credit card as if he would normally purchase a vehicle and pay the installment to E, an applicant for the issuance of a credit card, which was issued by the victimized Company, at the seat, received a credit card copy issued by the victimized Company, and then purchased at KRW 45,080,00,000 of the above vehicle price in KRW 35 million, and acquired the above 35,00,000,000 of the vehicle price by paying by the credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of inquiries, such as a motor vehicle registration ledger, card application, etc., certificates of vehicle transfer, and application of Acts and subordinate statutes on deposit verification;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. The fact that the amount of the decision by deception is significant, that there is no agreement with the victim, etc., shall be considered to be favorable circumstances, such as the fact that the crime is committed, the fact that the victim is committed and reflects, the fact that there is no record of punishment for the same crime, and that there is no record of punishment for the same crime.

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