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(영문) 창원지방법원 마산지원 2014.04.10 2013고단1066
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2012, the Defendant issued a credit card to the employees of the above bank in charge of issuing the card at the location of the victim's member bank Dong in Changwon-si, Changwon-si, the Defendant made a false statement as if he would pay the price from time to time.

However, even if the defendant was issued with a credit card, he did not have the intention or ability to pay the price in time.

On January 18, 2013, the Defendant: (a) by deceiving the above bank staff; (b) obtained a non-credit card from the victim; (c) by using the non-credit card from the victim on or around January 18, 2013; (d) settled the price of KRW 3 million; (c) purchased KRW 40,000 at the seat of members of the Gyeongnam Bank from the point of Dong branch of the Gyeongnam Bank on January 29, 2013; and (d) paid KRW 22,950,000,000 from the above payment, thereby making the victim pay the above amount on behalf of the card company.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of an application for admission into a FC Card Member and a copy of a detailed statement of credit cards;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (i.e., confession, details of crimes, etc.);

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