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(영문) 부산지방법원 동부지원 2016.12.15 2016고단2147
사기등
Text

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

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

Reasons

Punishment of the crime

1. When the Defendant was unable to obtain a credit card under his own name, the Defendant issued a credit card under his own name and applied for the issuance of the credit card to an employee in charge of Samsung Card by telephone to the employee in charge of Samsung Card.

On September 1, 2014, the Defendant: (a) received one credit card in the name of Samsung Card delivery center D from Samsung Card delivery center D, and (b) entered “B” in the name column of the confirmation of the application for the issuance of the card and the receipt certificate; (b) signed B in the signature column; and (c) issued the said D a confirmation of the application for the issuance of the card and the receipt to the said D, who is unaware of the fact.

Accordingly, for the purpose of exercising authority, the Defendant forged the application form for issuance of a card and the receipt form in the name of private document B, which is a private document related to a certificate of fact, and exercised it.

2. On September 2, 2014, the Defendant, using a credit card illegally issued under the name of Samsung Card Co., Ltd., the Defendant: (a) presented the said credit card to the influenite employees, who were issued the said card; (b) paid the amount of KRW 90,000; and (c) had the victim Samsung Card Co., Ltd. pay the amount of use; and (d) from that time until March 27, 2015, the Defendant acquired the same pecuniary profit by having the victim pay the amount of KRW 3,593,880 in total on 72 occasions, as indicated in the separate crime list, from that time until March 27, 2015.

3. On November 26, 2014, at the place specified in paragraph (1) around November 26, 2014, the defrauded G, “If there is a lack of living cost to send money to the victim G for children’s study expenses, and three million won is leased, the Defendant would pay KRW 150,000 per month interest.”

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