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(영문) 수원지방법원 안산지원 2014.01.21 2012고단2815
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 201, the Defendant purchased a passenger car in the name of the Defendant using the Defendant’s modern card and the Defendant’s name and offered to divide money by selling it. On October 201, the Defendant issued the Defendant’s modern card and seal to the lender in name.

Since then, around October 24, 201, a lending business operator in name was settled by the Defendant's Hyundai Card Co., Ltd. issued by the victim's Hyundai Card Co., Ltd. (credit card number: D) by purchasing one motor vehicle for the Manbb at the Manbung agency in Seoul Special Metropolitan City, Nowon-gu 597-34 at KRW 308 million.

However, in fact, the defendant has a debt equivalent to approximately KRW 150 million, and there was no regular import, and even if he pays the price of the car using the modern card, he did not have an intention or ability to pay it.

Nevertheless, the Defendant settled 30,80,000 won by using the modern card as above and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

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

1. The sentence of punishment is inevitable in light of the relevant legal provisions on criminal facts and Articles 347(1) and 30 of the Criminal Act’s selection of punishment, etc. that the damage on the grounds of sentencing has not been recovered. The fact that the defendant is against the mistake, and the punishment shall be determined as ordered in consideration of the circumstances of sentencing, including the background of the crime in this case, the circumstances after the crime in this case, the age of the defendant, character and conduct, environment, etc.

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