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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Fraud;
A. The Defendant, without his father’s consent, thought that he would obtain and use a credit card under his name, and around May 2014, prepared, at the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, a written application for membership of Samsung Card in the name of B without authority, and submitted it on May 14, 2014 as if it was genuine to the employee in charge of the victim Samsung Card Co., Ltd.
The Defendant had the employee in charge issue one credit card in the name of the victim B, and received this from Pyeongtaek-si D on the same day.
Accordingly, the defendant was given property from the victim by deceiving the staff in charge of the victim.
B. On May 15, 2014, the Defendant received KRW 3 million goods by presenting a credit card as if he/she had legitimate right to use the said credit card at the F store in Yeongdeungpo-gu Seoul Metropolitan Government’s name and unsound operation.
Accordingly, the defendant was given property by deceiving the victim.
2. On May 14, 2014, the Defendant: (a) was stolen by withdrawing KRW 2 million in cash using the cash service function of the credit card, even though the Defendant did not have legitimate right to use the said credit card from the cash payment machines installed at the location of the victim’s community credit cooperative located in Pyeongtaek-si, Pyeongtaek-si.
3. The Defendant in violation of the Specialized Credit Financial Business Act is entitled to 1 B from May 14, 2014 to May 15, 2014.
The credit cards acquired by deceiving Samsung Card Co., Ltd. on two occasions, such as paragraphs 2 and 2, were used.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Complaints of Samsung Card Co., Ltd;
1. Application of Acts and subordinate statutes on membership application;
1. Relevant Articles 347 (1) and 329 of the Criminal Act concerning facts constituting an offense; Article 70 (1) 4 of the Specialized Credit Financial Business Act;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.