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(영문) 춘천지방법원 2017.06.20 2017고단421

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant, on March 2013, was aware of the opening of his/her mobile phone under his/her name to C, who was a branch of his/her own account, and then opened and used the mobile phone under C’s name upon request.

In addition, for the reason that it is necessary to pay the above mobile phone fees and return the name of the mobile phone in the name of the defendant, C knew of the bank account number information in the name of the defendant and received C's resident registration certificate.

However, the Defendant did not have been delegated by C with the authority to use the credit card issued or delegated by C in the name of C.

A. On May 13, 2013, at the Defendant’s house located in Cheongju-si, around May 13, 2013, the Defendant: (a) called from the Defendant’s house located in Cheongju-si; (b) informed the employee in charge of personal affairs of C’s resident registration number; (c) the information on the issuance of resident registration certificates; and (d) the new bank account (Account Number E) in the name of C; and (c) deceiving the employee in charge as if he/she were C; (d) obtained a credit card (Credit Card Number F) from the damaged person on May 16, 2013; and (e) instead of having the intention or ability to repay the price, the Defendant had the legitimate authority to use the said card, including paying KRW 90,00,00 from G located in the territory of Cheongju-si around June 20, 2013 to the said card.

6. From the date of February 21, 200 to the date of the same offense, the sum of 1,069,543 won was obtained over 18 times in total, such as the one in the table of annexed crimes 1.

B. On June 17, 2013, around June 17, 2013, the Defendant made a false statement to a staff member in charge of the victim Samsung Card Co., Ltd., who was called to verify whether an application for a card was filed upon the receipt of a pre-determination for the card from the Defendant’s house, which was opened from the Defendant’s house No. 1’s house No. 1 to C, and who was affiliated with it around June 19, 2013.