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(영문) 서울중앙지방법원 2014.02.11 2013고단6611
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant: (a) requested C, D, and E to file a loan application with the Defendant, who sent an advertisement of lending text messages to mobile phone as of January 2010, and (b) requested C, D, and E to prepare a false credit card application as if the Defendant was in office in F, a responsible business entity; (c) issued a credit card from the victim Korean bank; and (d) continuously used the credit card from January 201 to June 201, the Defendant paid the credit card limit by settling the amount normally.

The Defendant, in collusion with C, D, and E on February 2, 2010, intended to raise the credit card limit in the name of the Defendant, as seen above, had paid KRW 188,610 with the credit card in the name of the victim, and had not been able to make a normal settlement even if using the credit card in the name of the victim, and had not paid KRW 31,435 out of that amount until August 25, 2010, the Defendant acquired the same amount of pecuniary profit by paying the amount equivalent to 49,438,187 won in total over 19 times as shown in the separate crime list from that date to August 25, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. A credit card subscription application, etc. and details of account transactions;

1. Application of statutes governing judgment C, etc.;

1. Relevant provisions of criminal facts: Articles 347 (1) and 30 of the Criminal Act;

1. Suspension of execution: Consideration, such as the fact that the defendant under Article 62 (1) of the Criminal Act does not have any profit actually acquired and that the defendant agrees to make installment payments with the victim after the instant case, and that there has been one previous criminal record of a fine;

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