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(영문) 수원지방법원 2018.04.26 2017고단8484
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, as if he were B, by deceiving Hyundai Card Co., Ltd., Han Card Co., Ltd., and by deceiving Han Card Co., Ltd., on February 27, 2013, acquired Hyundai Card (C) by telephone from the closed on November 26, 2013, Hyundai Card (D) by telephone from the closed on January 14, 2014, one card (F) by telephone from the closed on November 25, 2013, and one card (G) from the closed on September 24, 2014 to the closed on September 24, 2014, and submitted the said credit card to the chain owner to pay various goods and services, as shown in attached Form 31 to April 31, 2015.

2. As set forth in paragraph 1, the Defendant stolen KRW 5,938,300 in total by means of withdrawing cash, such as in the table 6 attached crimes, from February 4, 2014 to April 23, 2014, using one card (F), which was issued with the name of B inside the same manner as that of B, via a single card (hereinafter referred to as “B”). 3. The Defendant using a computer, etc.: (a) obtained property benefits of KRW 38,69,300 in total by means of entering information in the information processing device, such as a computer, such as a computer, without authority, on 96 occasions from March 26, 2013 to April 2, 2015, using five cards that were issued with the name of B, as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Recording records of modern cards, details of transactions by one bank in the name of the complainant, details of transactions by one bank, details of transactions by one bank in modern cards, and application of Acts and subordinate statutes on credit

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 347-2 of the Criminal Act (the point of fraud, such as computer, etc.), Article 329 of the Criminal Act, and Article 329 of the Criminal Act, the choice of imprisonment for a 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 62 of the Criminal Act:

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