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(영문) 인천지방법원 2012.08.20 2012고정2693
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On May 26, 2010, the Defendant applied for the issuance of a card with access to the National Bank website of the National Bank without C’s consent or delegation from the Mayang-gu B4th floor in Ansan-si.

As such, the Defendant applied for the issuance of a credit card by stealing the name of C, there was no intention or ability to pay the credit card price even if the credit card is issued.

Nevertheless, on June 4, 2010, the Defendant received C’s name national card (D) at the above place on June 7, 2010, received cash services of KRW 900,000 from an enterprise bank in a non-place on June 7, 2010, and used them to purchase cash services and goods in an amount of KRW 3,723,150 over two times until July 14, 2010, such as the crime sight table, and used them to obtain loans of KRW 11,723,150,000 from the Agricultural Cooperative using the above card on the 18th day of the same month, and used it as a total amount of KRW 11,723,150 in a manner that does not pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Electronic data on application for subscription to the KB card, inquiries about the past use of members, loan electronic data, and details of transactions of free savings;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of Complaint);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the choice of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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