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(영문) 광주지방법원 순천지원 2019.06.21 2019고단456
사전자기록등위작등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant thought that he had been in custody of his driver's license and passbook, with the credit card in B's name without the consent of B, was used.

1. On August 6, 2013, around 16:58, the Defendant: (a) visited E Company E’s Internet homepage via computers in net C Apartment D; (b) entered B’s name and resident registration number F; (c) entered B’s account number (G bank H); and mobile phone number; and (d) entered B’s personal information column into the English name of “B”; and stored and transmitted the same in “B”; and (c) entered into “B”; and (d) the telephone number column into “I” in the English name of “B”; and (d) stored and transmitted the same.

Accordingly, the Defendant exercised the application for subscription to credit card B, which is an electronic record of another person’s rights and duties, by forging and transmitting it for the purpose of facilitating the management of affairs of the E company.

2. On August 13, 2013, the Defendant: (a) was issued by exercising a written advance recording, as described in paragraph (1), by using the said card under the name B, as if the genuine nominal owner of the said card; (b) was used from K located in Jung-gu Seoul Metropolitan Government to use KRW 858,080 with an insurance premium of KRW 858,080; and (c) from that time until October 25, 2016, the Defendant received delivery of goods equivalent to KRW 45,106,702 in total over 320 times, as shown in Appendix 1.

Accordingly, the defendant, by deceiving the victim, received property and acquired property benefits.

3. From August 16, 2013 to October 15, 2016, the Defendant stolen KRW 72,030,000, totaling KRW 72,030,000, from around 118 times, as indicated in the separate crime list 2, including withdrawing KRW 600,00 in cash against the intent of the victim of Gwangju Cash Payment, using the J card under the name of B, which was issued by the exercise of a written prior recording as described in paragraph (1).

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