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(영문) 춘천지방법원 영월지원 2014.04.22 2013고정239
사기등
Text

Defendant

A. The Defendant B shall be punished by a fine of 500,000 won.

Defendant

B The above fine shall not be paid.

Reasons

On February 21, 2012, Defendant B: (a) was a person who operates an “Ediversity company” in Gangwon-do, and (b) was a person who loses all the cash possessed in Gangwon-do Casino casino around February 21, 2012; and (c) requested a card loan to the Defendant by entering the pawned company and requesting the Defendant to use the term “credit card loan” attached to the said pawnedgr; and (d) the said person was a person who is specialized in the name of the card-based tin.

Therefore, a card-based tin in the name-based card which was called the Defendant's telephone and found to be the above pawned company, obtained a new card from the above F, and then generated a false sales of the amount of KRW 2,675,076 in total twice as if he used the above credit card in the hotel located in Thailand by using the credit card terminal in Thailand. After obtaining approval from the victim's new card as the card company, he provided the above F with KRW 2,00,000 to the above F, and the defendant who arranged for this.

In this respect, the defendant accused the victim's new card and assisted the act of financing funds by deceiving the property and forging the sale of goods or the provision of services.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the law to F of the protocol of interrogation of police suspect (Defendant B);

1. Relevant legal provisions concerning facts constituting an offense, Article 347 (1) of the Criminal Act, Article 70 (2) 2 (a) of the Specialized Credit Financial Business Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination on Defendant B’s assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant B asserts that he/she did not have any criminal intent to obtain fraud, despite the fact that he/she arranged to lend funds by pretending the sale of goods or the provision of services (a continuous name, referred to as "credit card tin", hereinafter).

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