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(영문) 대전지방법원 2013.07.18 2012고단4284
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 24, 2011, the Defendant applied for the issuance of a credit card to the victim Hyundai Card Co., Ltd. and was issued a “on-site M2” in the name of the Defendant.

On October 28, 201, the Defendant, in collusion with a name-free box C, purchased a flod vehicle of an amount equivalent to KRW 16,135,00 at the market price at the large-scale agency of the vehicle of the Mag-gu, 1552, Ansan-gu, Ansan-si, Ansan-si, 1552, and paid the flod vehicle by presenting the above credit card issued by the victim as above.

However, in fact, the defendant purchased the above vehicle and ordered the above vehicle to sell the above vehicle to the above-mentioned person without operating the above vehicle normally and then received and consumed part of the price, and there was no intention or ability to pay the price even if the purchase price of the vehicle is paid in lump sum by the above credit card.

As above, the Defendant, by deceiving the victim, had the victim pay 16,135,00 won of the purchase price of the above vehicle to the Mean Central Agency of the Mean Motor Vehicle, and had the victim acquire property profits equivalent to the same amount by avoiding the payment of the purchase price.

Summary of Evidence

1. Legal statement of witness D;

1. Each statement of witness E and F in the second protocol of the trial;

1. Some of the protocol of examination of the accused prepared by the public prosecutor;

1. Protocol of the police statement concerning G;

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

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. As to the Defendant’s assertion of Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decisions 200Do1448, Apr. 1, 200).

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