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(영문) 의정부지방법원 2015.07.06 2015고정447
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 7, 2013, the Defendant: (a) drafted private documents; and (b) submitted a card to the Samsung Card recruiter that does not know the name, to the Samsung Card recruiter that is located in the Dong-dong, Yangju-si, Gyeonggi-do; and (c) subsequently, the Defendant sent B’s certificate of seal impression and identification card to the said card solicitor by facsimile, stating that “in-house, Samsung Credit Card is issued.” and then, sent B’s certificate of seal impression and identification card to the above card solicitor by facsimile, which is unaware of such fact, the said card solicitor entered B’s personal information and name in the application for the Samsung Card membership, and submitted it to the Samsung Card issuing department.

For the purpose of exercising this, the Defendant, without authority, forged a “written application for membership of a third party card” in B, a private document on rights and duties, using a card solicitor, and exercised it.

2. The Defendant: (a) obtained Samsung Card from the victim Samsung Card Co., Ltd. by stealing the above name; and (b) received a cash service from the victim Samsung Card Co., Ltd.; and (c) did not have an intent or ability to pay for the purchase of goods or receipt of the cash service; and (c)

On June 11, 2013, the Defendant acquired financial benefits equivalent to the difference by purchasing goods equivalent to KRW 24,097,361 in total for six months from around that time to December 4, 2013, or paying cash services, as shown in the list of crimes in attached Form 24,097,361, as well as by paying only KRW 7,638,719, among them, at a new bank cash withdrawal machine located in Samsung-dong, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. An application for joining Samsung Card;

1. Application of Acts and subordinate statutes on card use;

1. Relevant Article 231 of the Criminal Act and Article 231 of the Criminal Act (the Article 231 of the Private Document and the Selection of Fines), Articles 234 and 231 of the Criminal Act (the point of exercising the illegal investigation document, the selection of fines), and Article 347(1) of the Criminal Act (the point of fraud and the selection of fines).

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