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(영문) 수원지방법원 2021.02.17 2020고정1541
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around August 2017, the Defendant may collect money from the victim B by obtaining a credit card and sell the merchandise coupon to China.

The card price is a false statement stating that the card price will not be known to him/her at a low time for three months, and the victim was issued a C card, D card, and E in the name of the victim. The card price had the business operator registered in the name of F, and the following C card was issued.

However, the defendant did not have an intention or ability to pay profits to the victim after purchasing and selling merchandise coupons only for personal use with a credit card from the victim.

The Defendant received four copies of the above credit card from the injured party, and received 400,000 won cash service from August 25, 2017 in relation to the balance of G banks from August 25, 2017 and received 400,000 won from that year

9. By April, 9. The sum of KRW 6,579,512, as shown in the List of Offenses, was settled and acquired a profit equivalent to the same amount.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement made by the prosecutor with respect to B;

1. A response to a request for cooperation in an investigation, a report on an investigation (in response to a point of gold station of H bank), a request for cooperation in an investigation (request for information on settlement of merchandise coupons), cases of response to a request for cooperation in an investigation, a report on an investigation (Submission of details of approval for a card), an investigation report (Comparison between the card user and the base

1. Details of H Bank Account Transactions, details of use of each C Card, details of use of credit cards, details of use of credit cards, E, copies of applications, and application of the Acts and subordinate statutes on response to request for provision of communications

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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