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(영문) 인천지방법원 2016.11.11 2015고단7428
사기등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On December 4, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, which was sentenced to imprisonment on December 24, 2015, and sentenced to the judgment on February 24, 2015, the Defendant used a credit card, etc. issued in the name of the victim with the receipt of loan-related documents from the victim D while operating a husband and a credit service office.

1. On April 12, 2013, in collusion with C, the Defendant forged a private document forgery, or uttering of a falsified private document: (a) around April 12, 2013, at the Defendant’s office located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, an employee of the card company under his name who is unaware of the circumstances, stated “D, resident registration number,” “F, 508 in the workplace address column for address address No. 203; and (b) “CF in the column for settlement information” as “D in the applicant column for signing and sealing it; and (c) forged an application for membership of the foreign card holder under the name of D, which is a private document related to the rights and obligations of the applicant column; (d) issued the forged application for membership of the card holder under the name of the above card company as if it was actually established, and subsequently exercised the forged application for membership under the name of the card holder company for the purpose of exercising the rights and obligations in the name of six (1) days in attached Form 1.

2. The Defendant, even if having obtained a credit card in the name of the victim and used it, did not have an intent or ability to repay the price. However, around April 17, 2013, the Defendant, at H located in Seo-gu Incheon, purchased an amount equivalent to KRW 1,980,00 for drinking water and other goods in the name of the victim, by presenting the credit card in the name of the victim as if he were the Defendant’s credit card and paying it. The Defendant deceivings the Defendant of the non-name-based business proprietor, and thereby, thereby acquiring profits equivalent to the said amount.

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