beta
(영문) 서울남부지방법원 2013.06.21 2013고단1062

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 28, 2011 to September 30, 2012, the Defendant served as an employee in charge of accounting and accounting management in a stock company with five floors in Geumcheon-gu Seoul Metropolitan Government (hereinafter referred to as “C”) and has managed three copies of the corporate card of new bank (credit card number: D, E, and F) in the name of C.

1. Although the Defendant, in breach of occupational duty, has a duty to use the corporate card in compliance with its occupational purpose, he purchased goods equivalent to KRW 41,700 from “Gma” around February 27, 2012, in violation of his duty, and then arbitrarily paid it by using a new bank corporate card (credit number: F) owned by the Defendant, and the same year thereafter.

9. By the day of September 29, 200, three credit cards were used for personal purposes in total of 332 times as shown in the annexed Table 1, and made C pay a sum of 16,881,797 won, thereby making C take property profits equivalent to that amount and causing property damage equivalent to that amount to the victim.

2. Around September 30, 2012, the Defendant: (a) retired from C and stolen a new bank corporate card (credit card number: D) kept in a depository; and (b) stolen it.

3. On October 1, 2012, the Defendant violated the Fraud and the Specialized Credit Finance Business Act presented the legal card (credit card number: D) in the name of the victim C, which was stolen, as described in paragraph (2), at a H restaurant where the location is unknown, to the owner of the Defendant’s credit card, and paid the amount equivalent to KRW 33,000,000.

However, the defendant was not a legitimate holder of the above corporate card, and the defendant did not have an intention to pay the price.

As such, the Defendant, as well as from around that time to November 28 of the same year, was provided with food equivalent to KRW 33,00,00 by deceiving the above Hcafeteria proprietor, and had the victim receive goods or services equivalent to KRW 12,821,453 in total on 212 occasions as shown in the attached Table 2 of the Crimes List from that time.