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(영문) 서울중앙지방법원 2017.04.25 2016고정4271

사기

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 21, 2014, the Defendant, despite the absence of intent or ability to pay the price even if he/she was issued and used a credit card at an irregular site, concluded that the employee of the card company, who is an employee of the company, should pay the price for the credit card, and applied for the issuance of the card through the company’s Internet homepage, and that the Defendant was issued one card (C) from the above company. On August 12, 2015, the Defendant purchased 10,000,000 won from the card using the card and received 10,000,000 won from the credit card and did not pay the price for the above 0,000 won or 00,000 won as the total amount of 0,000 won or 00,000 won from the point of issue in Seocho-gu on October 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (a statement by phone of a witnessD);

1. Application of Acts and subordinate statutes on filing an accusation, filing an application for a cards, comprehensive counseling, details of total claims, details of sales volume, and details of deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;