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(영문) 대구지방법원 상주지원 2017.04.25 2016고단220

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant was divorced on May 12, 2010 after marriage with B on November 22, 1994, and was used prior to divorce due to economic difficulties, such as there is no particular property and no import, etc.

At the expiration of the term of validity of the name B, the credit card (Slock white, card number: C) was used by re-issuance without returning it to B.

On January 1, 2014, the Defendant applied for the re-issuance of a credit card, while maintaining the legal relationship with B and doing so with the victim Korea Citti Bank, Inc., the validity period of which expires, and applied for the re-issuance of a credit card. On February 10, 2014, the Defendant acquired a new global credit card issued through the victim’s credit card delivery staff through the victim’s credit card delivery staff and acquired it by fraud.

2. On February 20, 2014, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) committed an act as if he/she had the victim’s name in the E cafeteria located in Seodaemun-si; (b) paid KRW 827,00 with the credit card in the name of B obtained by deception as above; and (c) acquired the pecuniary benefits of KRW 48,032,869 in total over 243 times until August 25, 2015, and unlawfully used the other person’s credit card acquired by deception.

3. On February 20, 2014, the Defendant in violation of the Act on Financial Business Specializing in Theft and Credit Business committed as if he/she had been using his/her own legitimate right at an irregular payment machine in the name of B, and committed a theft of cash owned by a manager of an automatic payment machine with a cash loan of KRW 700,000,000 in the name of the said manager, as shown in the attached Table 2, until July 26, 2015, the Defendant stolen KRW 108,30,000 in total over 135 times until July 26, 2015, and used the acquired credit card unlawfully.

Summary of Evidence

1. The police of the defendant.