beta
(영문) 서울서부지방법원 2018.12.05 2018고정393

사기

Text

Defendant

A shall be punished by a fine of two million won.

Defendant

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

Reasons

Punishment of the crime

Defendant A partly revised the facts charged in the indictment without changing the indictment to the extent that it does not materially disadvantage Defendant A’s exercise of his/her right to defense, and around September 27, 2017, Defendant A revised his/her card so that he/she can see the “finite, finite, and finite, to the victim in the neighboring packing finite in Mapo-gu Seoul Mapo-gu, Seoul.

‘A false statement' was made.

However, in fact, Defendant A received a credit card from the injured party and received it, and was thought to do so.

Defendant

A obtained a credit card owned by the victim from the injured party, namely, at the seat, from the victim, and settled the amount of KRW 7 million from the Gangseo-gu Seoul Metropolitan Government C’s location on the same day.

As a result, the defendant A acquired the economic benefits equivalent to the same amount by deceiving the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a detailed statement on the use of a card and a statement on partial repayment of a suspect);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant B) of the Provisional Payment Order;

1. The facts charged by Defendant B, around September 27, 2017, proposed to bring the Victim E card to Defendant A and then put the Victim E card into a her inner name, and that Defendant A consented thereto. On the same day, Defendant A around 17:40 on the same day, around the 17:40 day, provided that Defendant A was able to look at the Victim’s gree or a gree in tobacco.

‘A false statement' was made.

However, in fact, Defendant B, Defendant A, and F, who received a credit card from the injured party, were able to do so, and he was able to do so.

Defendant A received from the injured party the credit card owned by the injured party on the same day, namely, the credit card owned by the injured party, and settled the amount of KRW 7 million in Gangseo-gu Seoul Metropolitan Government C’s location on the same day.

In this respect.