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(영문) 창원지방법원 마산지원 2017.01.24 2016고단1034
사기등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, who operated the E rest Office in Hanam-gun C, in order to subscribe to insurance, had D’s resident registration certificate in order to use D’s credit card issuance in the name of the Defendant.

1. On May 26, 2015, the Defendant, through deception of a credit card, called the victim Hyundai Card Co., Ltd. at the above location, and took place with the victim Hyundai Card Co., Ltd. as if the counselor was D, and, upon applying for the issuance of a credit card under the name of D, given the personal information of D, the Defendant obtained the credit card (F) in the name of D from the victim to receive the credit card (F) in the name of D from the victim. On September 15, 2015, the Defendant acquired the credit card (G) in the same manner from the victim in the same place.

2. On June 1, 2015, the Defendant in violation of the Act on Financial Business through the use of credit cards acquired through deception and credit card fraud and credit financing business: (a) using the credit card (F) obtained by stealing the name of the victim in Fran-gun H from the “IE”) of the victim’s infinite operation, and by taking advantage of the name of D, such as paragraph (1), and by taking advantage of the credit card (F) as if he was the credit card; and (b) using the same method, acquired goods or pecuniary gains of KRW 35,863,214 by using the credit card in the name of D (F) and the next finite credit card (G) in the same manner as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to the prosecutor by the J;

1. Statement made by the police against D;

1. Details of separate accounts;

1. Application of Acts and subordinate statutes to investigation reports (to a person in charge of modern cards and telephone conversations), investigation reports (to attach a detailed statement of transactions of modern cards);

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 4 (the point of use of credit card acquired by deception) of the Act on Specialized Credit Financial Business, and the choice of imprisonment with prison labor for each type of crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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