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(영문) 전주지방법원 남원지원 2013.12.03 2013고단241
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 17, 2012, the Defendant purchased a F U.S. car at the Hyundai Motor D Agent in the Namwon-si, the director of its agency, from E, and applied for a so-called “specific limit” service that temporarily expands the lending limit to employees in the name of Hyundai Card Co., Ltd., which is the victim through the above E, and made payment on the settlement date of the credit card payment following the following month, if it is intended to set the specific limit to pay a car amounting to KRW 36,433,643 by using the above credit card so that a car amounting to KRW 36,43,643 can be paid on a temporary basis.

However, the fact is that the Defendant was not collected for a long time at the time, or that there was no property other than malicious claims filed by the obligor, and rather, he had a liability equivalent to approximately KRW 27 million to G. Thus, even if the victim company had a specific degree of credit card, so it did not have the intent or ability to pay the price by temporary payment on the date of settlement of the credit card price following the month even if the victim company had made it possible to purchase a car by raising the specific degree of credit card.

As such, the Defendant, by deceiving the victim and obtaining approval of the “specified Limit” from the victim, paid KRW 36,43,643 of the purchase price of the said Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa PaP

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of H and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted that the defendant and his defense counsel had the intent and ability to pay the price to the defendant around December 17, 2012 at the time when a car was purchased.

In this regard, the crime of fraud is defined.

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