(영문) 울산지방법원 2021.01.29 2020고단3523

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(영문) 울산지방법원 2021.01.29 2020고단3523

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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

1. On August 29, 2019, the Defendant of larceny was sentenced to one year of imprisonment and two years of suspended execution for a crime of violating road traffic laws at the Ulsan District Court on August 29, 2019, and the judgment becomes final and conclusive on September 6, 2019, and is currently under suspended execution.

Since the judgment of the above suspension of execution is not invalidated by sentencing a fine to the defendant, the above previous conviction shall not be stated in the main sentence of the crime, but shall be considered as one of the sentencing factors.

A around December 10, 2019, while being employed as a nursing worker B, the Defendant cut off cash of KRW 500,000,000,000,000 managed by the victim C bank established in Busan Southern-gu apartment, by means of inputting the password of the said card in a cash withdrawal machine managed by the victim C bank established in the victim C bank established in the Nam-gu apartment unit D, Nam-gu, Busan-gu, by using B’s card and then using B’s card from that point until March 17, 2020.

2. On February 14, 2020, the Defendant: (a) inserted E-credit cards received from B in an irregular cash payment machine; (b) applied for a credit card loan; and (c) made a request for a credit card loan; and (d) made it possible for the Defendant to have the employee in charge of the victim E- card in charge of the non-name loan as if the Defendant was the person B in the name of the above card; and (b) made a false statement as if the Defendant was B.

However, in fact, the Defendant did not have any intention or ability to repay the above loans on behalf of B, and therefore, there was no intention or ability to do so.

Nevertheless, the defendant deceivings the victim as above and acquired 4.6 million won from the victim to the F bank account (G) in the name of B on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. H.

유사 판례

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