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(영문) 전주지방법원 군산지원 2021.02.16 2020고단1129

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 18, 2017, when the credit card amount, etc. was overdue while the Defendant lent credit card No. B, which is the Defendant’s third village, the Defendant received loans from the credit card company and applied for the credit card lending to the victim C Card Customer Center without permission from B to use it for repayment of personal debts, such as credit card price, etc., the Defendant received loans from the credit card company, and received 23 million won in total by receiving 6 million won in transfer from the victim E Card Customer Center using the same method as of November 20, 2017, when he/she completed the lending procedure by pretending that he/she was the person in charge of personal affairs, and he/she received 8 million won in money from the said person who is aware of the fact to the D bank account in the name of B. < Amended by Act No. 14035, Nov. 20, 2017; Act No. 15060, Dec. 20, 2017>

Summary of Evidence

1. Statement of the police statement concerning B of the suspect interrogation protocol against the defendant who has made a statement in the court room of the defendant;

1. The results of inquiry into personal credit information, investigation report (personal credit information as a result of inquiry), investigation report (as to repayment of loans on credit cards), investigation report (related to telephone conversations of a suspect), investigation report (as to attachment of a transcript), investigation report (in relation to the timing of identification of the other criminal suspect), investigation report (as to the identity of the other criminal suspect), investigation report (as to the identity of the other criminal suspect), investigation report (as to the identity of the accused's payment details of the other criminal suspect), E card usage details, C card deposit transaction records, F card deposit transaction records, E card call center records, letters sent to the criminal suspect, application of Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Legal provisions;