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(영문) 부산지방법원 동부지원 2018.08.16 2017고단1527
사기등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

"2017 Highest 1527"

1. On October 2016, the Defendant is a plan to take over the shop for the victim B who is related to the person in question in the non-affiliated restaurant in Gyeyang-dong, Chungcheongnam-do, Chungcheongnam-do. The Defendant is currently working as the head of the shop management office and is working for the Maz.

It was suggested to the effect that the credit card to be used for a three-month period will be paid at the monthly price of KRW 500,000 per month with the goods required for the shop.

However, at the time of fact, the defendant was on duty as an employee of the Mina site (other than the chief of the management office) and did not have any plan to accept it. While there was a personal obligation of about KRW 100 million in bad credit standing, while there was no particular hospitalization or property, there was no intention or ability to pay the card price according to the agreement, because he did not intend to use it for preventing the return of existing debts with the credit card of the victim and personal living expenses.

Accordingly, the Defendant: (a) by deceiving the victim as above; (b) received D credit card (E) from the victim; and (c) settled KRW 42,556 on October 29, 2016 as the principal oil price; and (d) paid KRW 42,556 on February 12, 2017, the Defendant acquired financial benefits equivalent to that amount by settling KRW 24,59,569 in total over 199 times from February 19, 2017, as shown in attached Table 1.

2. The Defendant, like paragraph 1, had been in possession of a credit card from the injured party with the delivery of the credit card without authority, and had the intent to acquire the loan by applying for a credit card loan (amount of money) without authority.

On December 21, 2016, the Defendant applied for a credit card loan and transferred one million won of the loan to the F bank account in the name of the Defendant, by inserting the said credit card into the automatic entrance and exit machine, and inputting one million won of the card password and loan amount into the automatic entry and exit machine.

Accordingly, the defendant input information without authority to a computer or any other information processing device.

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