Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. Summary of grounds for appeal;
A. A crime of fraud is established even in cases where a credit card issued with a mistake of facts or a credit card using another person's false name is obtained through a cash loan or credit card.
Nevertheless, the lower court acquitted the Defendant of this part of the facts charged on the premise that the crime of larceny or fraud by using computers, etc., aside from the possibility of establishing the crime of larceny, may not be established. In so doing, the lower court erred by misapprehending the legal doctrine, or by misapprehending
B. The sentence imposed by the lower court (ten months of imprisonment) is too unhued and unreasonable.
2. Ex officio determination
A. On July 8, 2005, the Defendant prepared an application form for membership of the Samsung Card without the Defendant’s father F’s consent, and used the Samsung Card with the F’s name during the effective period of the said card, and sentenced the F to use it for re-issuance without the F’s consent.
(1) On September 3, 2013, the Defendant: (a) signed a “F” in the name column of the “written application for the issuance of a card and the receipt thereof; and (b) signed the “F” in the name column of the “written application for the issuance of a card and the receipt thereof,” as an authorized color pen, on or around September 3, 2013, upon re-issuance of the said Samsung card without F’s consent.
Accordingly, for the purpose of exercising, the Defendant forged the F’s private document application form and receipt form, which is a private document related to F’s rights and duties, and submitted the above card issuance application form and receipt form to N, a card delivery employee who is aware of the forgery at that time, as if they were duly prepared.
The Defendant submitted an application form for the issuance of forged cards and one receipt thereof as described in the above (i) and submitted to the Defendant, using Samsung Card issued in the name of F from the Victim Samsung Card Co., Ltd., and presented to the Defendant, as if he were the Defendant’s card, at K clothes stores located in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu. on September 3, 2013.