logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.02.11 2014고단7376
사기
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2012, the Defendant: (a) issued a credit card under the name of the Defendant with the credit card issued by the Defendant, and (b) proposed that the Defendant would sell an automobile immediately once again; (c) KRW 5,000,000 per automobile; (d) around that time, the obligation of financial institutions, such as a new card company, etc., such as a new card company, etc., was approximately KRW 40,000,000; and (e) even if the Defendant was engaged in daily work and did not have any intent or ability to pay the credit card price to the Hyundai Card Co., Ltd., Ltd., the Defendant applied for the issuance of the credit card through the Plaintiff’s auto Co., Ltd., Ltd., and then was issued one copy of the Hyundai Card (Credit Card Number G) around the 28th of the same month from the victim.

Around September 7, 2012, the Defendant purchased one of the J K5 cars equivalent to KRW 20,700,000, from the weather engines of the Asia Automobile Co., Ltd. in the Nam-gu Incheon Metropolitan City, and paid the price by the said credit card.

As above, the Defendant acquired economic benefits by failing to pay the victim a total amount of KRW 20,700,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the supplementary statement of K’s complaint;

1. Application for card issuance, register of motor vehicles, and application of short-term physical fitness statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the range of recommending punishment] provided for in the category 1 (less than 100 million won) and the mitigation area (one month to one year) (special mitigation person] provided for in the provisions of Article 1 of the General Fraud Act, or where considerable damage has been recovered;

2. The fact that the defendant who was sentenced to a sentence has agreed smoothly with the victim, the fact that he was punished by a fine for violating the Sound Records, Video Products, and Game Software Act in 2002, and the extent of damage, etc. shall be considered.

arrow