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(영문) 서울북부지방법원 2014.04.16 2014고정724
사기등
Text

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

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

Reasons

Punishment of the crime

On July 19, 2013, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Seoul Northern District Court on July 19, 2013, and the said judgment became final and conclusive on October 9, 2013.

1. On February 28, 2011, the Defendant forged an application form for personal card membership in the name of “E”, “F”, “F”, “F”, and “F 1st floor in the workplace address column,” and forged an application form for personal card membership in the name of “E”, which are private documents concerning the rights and obligations of the Defendant, with the aim of communicating D, a counselor for attracting personal cards, at “C C C C C C C C C C C C C C C C C C C C C C C C C C C C C, and was written in the column of personal registration number, “F”, “F”, and “F” in the column of workplace address

2. The Defendant, at the time and place specified in the preceding paragraph, issued a false card invitation adviser D, who knew of the forgery, as seen above, an application for membership of a new personal card member was duly formed and used.

3. On April 30, 201, the Defendant: (a) prepared and submitted an application for membership of personal card holders with forged personal cards at the time and place specified in the foregoing Paragraph (1); and (b) received a new card that she was working as “E” on the first floor of Jung-gu Seoul, Jung-gu, Seoul; and (c) received one copy of the card.

However, the fact did not have any intention or ability to settle the use price even when using the new card issued under the name of Nonparty E.

As such, the Defendant, by deceiving a new card company from April 30, 201 to November 6, 201, used a total of KRW 35,416,074 as temporary payment, cash services, installment payments, etc., and did not pay KRW 3,54,263 (including deferred interest KRW 465,846), thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A complaint;

1. An investigation report (Submission of details of transactions by a complainants), an investigation report (Submission of a written claim for purchase price of a new card, etc. by a complainant);

1. An application for membership of a new personal card holder;

1. Previous convictions in judgment: the defendant's legal statement;

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