(영문) 전주지방법원 2016.08.25 2015노1631 | 리걸엔진

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(영문) 전주지방법원 2016.08.25 2015노1631

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) The Defendant had the intent or ability to pay the card price at the time of receiving the credit card from the injured party, and thus, the Defendant did not have any criminal intent to commit fraud (Article 1). 2) After obtaining the consent from the injured party, the Defendant obtained the victim’s Samsung Card re-issuance and used it (Articles 2 and 3) (b) of the Criminal facts indicated in the judgment below. B) The sentence of the lower court inappropriate for sentencing (6 months) is too unreasonable.

2. Determination

A. 1) The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the judgment of the court below as to the assertion that there was no intention to commit fraud as to the assertion of misunderstanding of facts, i.e., the victim D will use the credit card from the investigative agency to the court below to pay the card price every month.

In light of the following: (a) the Defendant consistently stated to the effect that he/she lent a credit card to the effect that he/she believed the Defendant; (b) the Defendant was liable for the Defendant’s debt of approximately KRW 400-5 million with the use of the marina passbook at the time of lending the credit card to the Defendant; and (c) the Defendant deposited KRW 19,890,00 with a passbook in exchange bank in the name of the victim in order to pay the credit card fees; (b) the Defendant paid the amount of KRW 19,890,00 with a passbook in exchange bank in the name of the victim in order to pay the credit card fees, but it cannot be deemed that the Defendant actually paid the credit card fees by the victim, even though the Defendant did not have the intent or ability to pay the credit card fees, the Defendant’s assertion is insufficient

2) The lower court duly adopted and investigated the allegation that there was the consent of the victim when Samsung Card was reissued.

유사 판례

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-대구지방법원 경주지원 2015.05.13 2015고정68

-서울서부지방법원 2016.09.28 2015고단661