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(영문) 대구지방법원 2016.09.21 2015고정2520
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 3, 2014, the Defendant kept credit cards in the form of a credit card company around January 3, 201 after being issued by a credit card company.

Around April 2014, the Defendant was trying to engage in a printing business with B in 2013. Around April 2014, the Defendant was unable to pay the card price even if he/she used credit cards with the liabilities of approximately 30 million won, and was unable to pay the card price to the Defendant for pecuniary damage, such as tax imposed on the Defendant by deceiving him/her, and escape was difficult to maintain the printing business as he/she had no sales at the time of July 1, 2014.

Nevertheless, on July 1, 2014, the Defendant: (a) paid KRW 1,10,000 (the first 370,000 installments) with a 3-month installment using a credit card in the Si, Si, and (b) did not pay a total amount of KRW 38,754,40 in total over 83 times from that date to August 22, 2014 in the same manner as indicated in the list of crimes in the attached list of crimes; and (c) did not pay each price, the Defendant acquired property benefits equivalent to that amount.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on application for membership of card holders and details of card use;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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