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(영문) 서울중앙지방법원 2014.11.26 2013고단6982

사기등

Text

A defendant shall be punished by imprisonment for not less than five 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

The Defendant had been instructed to urge for the occurrence of the damage, and the Defendant had been able to use the credit card issued under the name of the said C by using his/her parent card.

1. Crimes related to foreign exchange cards;

A. On March 7, 2012, the Defendant: (a) called “foreign exchange credit card call center (1588-3200)” (158-3200); (b) applied for the issuance of a credit card in the name of C while driving as if he was C.

On March 9, 2012, the Defendant issued a letter of consent to collect and provide personal information, a written application for personal membership, and a receipt thereof under the name of Guro-gu Seoul Metropolitan Government (D 2224). On March 9, 2012, the Defendant indicated a body tag in the “agreement” column for the collection and provision of the said personal information, indicated “C” and “C” in the signature column, and stated “C” at the bottom of the application for membership registration and the application for receipt.

Accordingly, for the purpose of uttering, the Defendant forged a letter of consent to collect and provide personal information, a written application for membership, and a receipt in the name of private document C, which is a private document on rights and obligations.

B. On March 9, 2012, the Defendant submitted a forged “written consent to collect and provide personal information, an application for membership of an individual, and a receipt” to the employee in charge of issuing the foreign exchange card as if it were a document duly formed.

C. On March 7, 2012, the Defendant filed an application for issuance of a foreign exchange card with C, even though he/she did not have obtained consent from C, as stated in paragraph (1) of the same Article, as he/she was C, and around March 9, 2012, the Defendant was issued C’s foreign exchange card from Korea Exchange Bank Co., Ltd.

However, the defendant did not have any intention or ability to pay for the use of the credit card even if the credit card was used after the credit card was issued under C due to no particular property or income.

The defendant is against the foreign exchange bank.