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(영문) 부산지방법원 2020.10.15 2019고단6027

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 24, 2015, the Defendant: (a) committed the act of forging private documents and uttering of a falsified private document to B card solicitors C at a place where the location is unknown; and (b) made D’s resident registration certificates and other relevant documents, and made C prepare and submit the forged B credit card application form to B bank Co., Ltd. as if the application form was duly concluded.

Accordingly, for the purpose of exercising rights and obligations, the Defendant forged a copy of B credit card membership application in the name of D, and exercised a forged application.

2. Fraud;

A. On November 4, 2015, the Defendant, who received a credit card, delivered related documents, such as D’s resident registration certificate, to B card solicitors C as if he completed D at the same time and time as indicated in paragraph (1), and then received one copy of D’s B card (E) from the victim B Bank Co., Ltd.

Accordingly, the defendant was given property by deceiving the victim.

B. On November 10, 2015, the Defendant, using a credit card, presented to a victim, who was unable to know his/her name as if he/she had a legitimate right to use the credit card under the name of D, which was issued as described in paragraphs (1) and (2), and obtained pecuniary benefits equivalent to the same amount by settling the taxi expense of KRW 13,400 from the date to June 15, 2016, and received property or pecuniary benefits equivalent to KRW 3,531,580 in total on 67 occasions as described in the attached list of crimes (1) from the date to June 15, 2016.

3. A thief: (a) the Defendant entered the name of the victim’s “B card” in the cash payment machine managed by the victim, where his/her name is unknown at a place where it is unknown on March 6, 2016; and (b) entered the password in cash, and received cash service of KRW 200,000 from that time to June 15, 2016.