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(영문) 전주지방법원 2016.09.06 2016고단877
사기
Text

A defendant shall be punished by imprisonment for six 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 October 24, 2012, the Defendant filed an application for issuance of Hyundai Card M3 (C) on the condition that he purchases vehicles from the employees of Hyundai Card Co., Ltd. and pays the price in installments for three months on the 25th day of each month, and received credit cards from the Defendant’s office located in Daejeon Seo-gu D and Dong 104 on the same day.

After that day, the Defendant purchased 18 million won by credit card at the shop of the EK3 vehicle from the business place of the EK 127-11, Young-gu, Young-gu, Young-gu, Cheongju-si.

However, even if the credit card was issued by the victim, the Defendant did not have the intent or ability to pay the price normally, and was thought to have the F transferred the vehicle to F, and received 6 million won and used for the cost of living.

As above, the Defendant, by deceiving the employees of the victim company, obtained a credit card from the victim company, and did not pay the 18 million won for the purchase of the vehicle, thereby acquiring pecuniary benefits equivalent to the same amount as the Defendant did not pay it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Copy of the ledger of the modern card issuance, the application for the use of the sb-Oto-in, the register of automobiles, and the details of card use;

1. Application of Acts and subordinate statutes of each investigation report and recording record;

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

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

1. The scope of recommendation types according to the sentencing criteria (the determination of types of punishment) and the basic area [the scope of recommendation types] in the category 1 (less than 100 million won) of fraudulent crimes, six months to one year and six months;

2. The Defendant is deemed to have committed a crime beyond F and so on under economic difficulties, and the circumstances leading up to the crime will be considered.

The degree of the defendant's participation in the crime is relatively relatively less severe, and there is any benefit in the crime.

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