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(영문) 수원지방법원 안산지원 2016.02.16 2015고단3602
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 2010, the Defendant prepared a credit card application with C, etc., which is a bromoer for loans at an unspecified place, as if the Defendant is engaged in distribution of the company, and conspired to acquire property profits equivalent to the same amount by using a credit card to receive a credit card from the victim Korean bank, which was issued with the credit card, and to pay the normal payment for a certain period of time, raise the limit of the use of the credit card, and then not pay the payment by using the credit card.

Around February 6, 2010, the Defendant was engaged in the distribution of a credit card to employees who work at the same location at the monthly office located at Ansan-si, Asan-si. The Defendant issued a credit card under the name of the Defendant and received the credit card (D) under the name of the Defendant and received KRW 15,000,000 from C for the lease of the Defendant’s name, and C et al. acquired property benefits equivalent to the same amount in a way that did not pay the credit card payment, notwithstanding the lack of intent or ability to pay the credit card payment from February 5, 2010 to August 31, 2010, after paying the sum of KRW 62,023,90 by using the said credit card.

Accordingly, the defendant acquired property benefits from the injured party in collusion with C, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal suspect's decision;

1. Application of investigation reports (Attachment of Suspect A's response data on financial transaction information), requests for provision of financial transaction information, approval of credit cards and details of arrears, details of changes in the use of credit cards, details of account transactions by credit cards, applications of application for credit card subscription and application of Acts

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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