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(영문) 청주지방법원 충주지원 2016.04.15 2015고단614
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 2014, the Defendant: (a) stated the words “D”, “E”, “E”, and “applicant” in the column of “personal address” in the printed form for the application form for membership of the Korean card holders sent by the card recruiter, which was sent by the card recruiter, by facsimile, without authority, to the Defendant’s house located at Gangwon-si, Gangwon-si; and (b) submitted to the said C a genuine statement of forgery at around that time. In addition, the Defendant stated “D” and “D” on the printed form for the application form for membership of the Korean card holders, which was sent by the card solicitor C via facsimile; and (c) submitted to the said C as if he had been aware of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged a “application for membership of our card member” in the name of “private document related to rights and obligations” and exercised it.

2. The Defendant filed an application for the issuance of a credit card to an employee of the victim Korean card issuing company through the card recruiter at the same date, time, and place as in paragraph (1).

However, the defendant applied for a credit card by forging the membership application without the consent of D in the name of the applicant for a credit card as above, and there was no intention or ability to pay the credit card price due to the use even if the credit card was issued under D.

As such, the Defendant, by deceiving the said employee, was issued one credit card from the said employee on April 22, 2014 to D at the Defendant’s home, such as Paragraph (1) of the same Article, and was paid KRW 94,00 on April 22, 2014, and used KRW 147,57,540 in total over 147 times from April 22, 2014 to October 23, 2014, as shown in the list of crimes in the attached Table (1).

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

3. The Defendant is a victim at a corporate bank located on April 25, 2014, Gangwon-si, Cheongwon-dong, Cheongwon-si, 640-13, using the credit card, which was delivered as described in paragraph 2, around April 22, 2014.

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