(영문) 전주지방법원 군산지원 2016.06.17 2016고단161



A defendant shall be punished by imprisonment for six months.

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


Punishment of the crime

On April 12, 2001, the Defendant began to use the credit card in the name B on the National Card B without permission from B (State).

1. On January 10, 208, the Defendant purchased goods of an amount equivalent to KRW 60,000,00 in the same basin of the victim (the victim, who was unable to know his/her address less than the city of Yasan-si, North Korea on January 11, 2008, and presented the completion of the national card under the above name B to his/her employees as if they were the Defendant’s credit card, and received goods from his/her employees. From that time to June 1, 2015, the Defendant purchased or provided goods of an amount of KRW 43,139,828, total amount of KRW 465, as shown in the list of crimes in the attached Table 1.

Accordingly, the defendant, by deceiving the victims, received property or acquired property benefits.

2. On July 8, 2009, the Defendant released the cash amounting to KRW 145,60,000,000 for total 224 times from June 2, 2015, as shown in attached Table 2, at a place where it is difficult to identify the address of 00:0,000 in Yansan-si, Nan-si, the Defendant, at which the victim’s “Nan” was installed, by inserting the national card specified in paragraph 1, and withdrawing cash amounting to KRW 300,000,000, in total, from that time until June 2, 2015.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the use of national cards;

1. Article 347(1) of the Criminal Act (the point of fraud) and Article 329 of the Criminal Act (the point of larceny) and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Crimes 1 (Fraud) of Article 62(1) of the Act on the Suspension of Execution and Punishment for the Reasons for the Sentencing of Article 62(1) of the Criminal Act (the scope of recommending punishment / [the scope of recommending punishment / General Fraud] of the basic area (from June to January 1) (no special person in sentencing / [the scope of recommending punishment / General Property] of Article 62(1) of the Criminal Act.