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(영문) 서울중앙지방법원 2013.03.27 2012고정5597
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is living together with him/her prior to November 9, 201.

Using the resident registration number of the hedge C, the new bank card issuing office was issued one copy of the card (credit number D) in the name of C, putting the phone on the card issuing office of the new bank as if it was C.

1. On November 9, 201, at around 15:00 on November 15, 201, the Defendant illegally used the said new card and stolen the said cash by inserting a new card under the name C, which was acquired by deceiving at the cash payment period at the Sungdong Branch of Gangdong-gu Seoul, Gangdong-gu, Seoul, in a cash payment period, and inputting a password of KRW 500,000 via cash services, and withdrawing KRW 1,80,000 through three times as shown in the attached crime list (1).

2. On November 9, 2011, the Defendant made a settlement of the total amount of KRW 1,658,530 over 35 times as shown in the attached Table of Crimes (2), such as paying for the purchase of goods equivalent to KRW 36,00,00, by presenting a new card in the name of E, which he/she acquired by deceiving his/her employees, at the credit card merchant of E, as seen above, to his/her own. The Defendant used the said new card unlawfully and acquired pecuniary profits equivalent to the said amount.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. A criminal investigation report (or a relative investigation of a new card company);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as a statement of improper use of a new card;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, Article 70 (1) 4 of the Specialized Credit Financial Business Act, Article 329 of the Criminal Act, and the choice of fines;

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

1. The defendant and his/her defense counsel's assertion on the defendant and his/her defense counsel under Articles 70 and 69 (2) of the Criminal Code of the Labor House Detention Act alleged that he/she obtained a new card under the name of C and used it with consent from C. However, according to the witness C's legal statement, the above new card is used by the defendant.

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