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(영문) 춘천지방법원 2017.05.11 2016고정591
사기등
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

Defendant was aware that he had been in common.

B and his wife C are not able to properly distinguish them with the third grade of intellectual disability, using the fact that they cannot make a credit card in the name of C and make a passbook in the name of C, and if they have a resident registration certificate with the husband B, they will make a passbook in the name of C.

The C's resident registration certificate was owned by C.

1. On June 4, 2015, the Defendant forged a private document and the event of the above investigation document entered “KB national card subscription application form” in the address column, “Scheon-si E apartment complex 705 dong 705 dong 705 dong 705 dong 705, and “C” in the applicant column, signed “F” in that column, and submitted it to the person in charge of issuing the KB national card without knowing that the document was forged.

For the purpose of uttering, the Defendant forged a copy of a credit card subscription application in the name of C, which is a private document on rights and obligations, and exercised it.

2. From March to April 2016, the Defendant was unable to use C’s credit cards without obtaining permission from C for the issuance or use of credit cards. At the time, the Defendant did not have an adequate import with approximately KRW 120,000,000, and thus, the Defendant did not have any intent or ability to pay for the credit cards even if using the credit cards.

Nevertheless, the Defendant used it as if it was the credit card merchant owner of the victim's name and acquired the pecuniary profits equivalent to KRW 1,506,848 on April 2016 by taking advantage of it as if it was the Defendant's credit card merchant owner.

3. On October 22, 2015, the Defendant stolen, using the said KB card issued in the name of C, from the cash payment season managed by the victim’s name in the outcoming Dong of Chuncheon on or around October 22, 2015, by receiving KRW 1 million from the said KB card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of an application for the purchase of cards;

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