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(영문) 대전지방법원 2017.08.29 2017고단1268

사기등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On Oct. 21, 2002, the Defendant: (a) opened a credit card in the name of the Defendant’s husband at the time at the credit service provider C’s office located in Chungcheongnam-gun, Chungcheongnam-gun; and (b) used the said card in mind that the Defendant would have C pay off the bonds he bears; (c) notified C of the personal information of the said D, which the Defendant had already known, and (d) caused C to enter the said personal information in the applicant column by accessing Samsung Card’s Internet homepage via the computer at the above office around Jan. 21, 2003; and (d) stated D’s name in the applicant column.

Accordingly, the Defendant forged the special media records such as electronic records of another person with respect to the duty of rights with the aim of hindering the management of affairs, and around that time, the Defendant sent the written application for the issuance of a forged credit card to the Samsung Card employee without knowledge of the forgery through the Internet.

2. On January 30, 2003, the Defendant, at the office of credit service provider C located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, 2003, caused the said C to receive the credit card in the above D name issued by the victim Samsung Card Co., Ltd., and thereafter, from around that time to May 13, 2003, the Defendant purchased goods equivalent to KRW 5,516,610 in total, as indicated in the list of crimes in the attached list of crimes, or received cash services.

Accordingly, the Defendant acquired property benefits equivalent to KRW 5,516,610 from C and the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. E statements;

1. Complaint;

1. Application of Acts and subordinate statutes on a copy of card issuance certificate;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act (the point of fraud), Articles 232-2 and 234 of the Criminal Act (the point of fraud, such as electronic records, etc.) concerning criminal facts, the selection of each fine;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.