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(영문) 인천지방법원 2015.06.25 2015고단1501

사기등

Text

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

However, 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

1. Although the Defendant did not have been delegated or consented to the issuance of a credit card in the name of B from the birthee B, the Defendant thought that he had the resident registration certificate in B in the name of B by advertising that he had the credit card in the name of B.

Accordingly, the Defendant made a correction of the “E” as stated in B’s indictment in the “E” column for the basic information column for subscription to a card member at the Seocho-si around April 28, 2012. The name and signature of B is written in the applicant column, and the Defendant forged one copy of B’s application for subscription to a card member under the name of B, which is a private document on rights and obligations, and submitted it to the person in charge of issuing a card, who is aware of the forgery.

2. The Defendant did not have any consent or consent to the issuance of a credit card from B, the nominal owner of the credit card, and even if he used the credit card in the name B as if he were B, he did not have any intent or ability to pay the amount.

Nevertheless, the Defendant, as stated in paragraph (1) of this Article, submitted to the person in charge of the issuance of the registration card in the name of B as above, and received the credit card in the name of B from the registration card company. On April 28, 2012, the Defendant paid KRW 780,000 as the price for goods from the “C” around April 28, 2012, and acquired financial benefits equivalent to the sum of KRW 15,148,90 by using the credit card in the registration card in the name of the victim by August 8, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on membership application;

1. Relevant Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Article 231 of the Criminal Act, and the Criminal Act concerning the crime;