logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.05.07 2015고정57
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 26, 2004, the Defendant, through a card solicitor, agreed to settle the amount of use of the card according to the interest rate fixed on the 5th of each month and was issued B (the card number C) in the name of the Defendant.

In fact, the Defendant, even if using the above card, did not have the intent or ability to settle the use price of the card on the settlement date, paid 5,000 won from D'D' located in Seoul (hereinafter referred to as Seoul) on December 9, 2009, and acquired a total of 12,339,700 won from around that time to February 18, 2010, as shown in the attached crime list, or using cash service to pay 12,39,700 won in total or use cash service.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Statement to E by the police;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to membership application and inquiry into the details of new transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The following circumstances acknowledged by the record of this case as to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act, namely, the defendant's financial situation was not good around the time of this case, and the defendant did not have sufficient means to pay a large amount of credit cards or cash services. Nevertheless, the defendant used a large amount of credit card settlement and cash services as stated in the judgment, the defendant promised to receive a credit card payment from F to use a credit card and used a considerable portion of the credit card as indicated in the judgment, and the F was not paid the credit card payment promised by F. However, the defendant did not pay the amount borrowed from the defendant before the credit card lending.

arrow