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(영문) 광주지방법원 2016.04.22 2015고단5106
사기등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 2015, the Defendant received a copy of Samsung Card from the victim D, who is an employee of the same company with intellectual disabilities while working as an employee in the manufacturing company of "C," and received a copy of the Samsung Card from the victim, who received a credit card from the same company with intellectual disabilities, to use it for his/her own living expenses, etc., and received a copy of the new card from the victim in the same manner.

1. From August 13, 2015, the Defendant purchased goods from “F” operated by the victim’s name in F, which was operated by the victim’s name in the Namyang-gun E, Namyang-gun, the Defendant: (a) was aware that he/she had the right to use the Samsung Card by deceiving D as above to pay the price by the said card; (b) by deceiving him/her to use the credit card; (c) immediately thereafter, he/she obtained the goods equivalent to KRW 12,500 from the damaged person to receive the goods equivalent to KRW 12,50 from the damaged person; and (d) illegally used the credit card over 84 times in total from September 5, 2015, and acquired the goods equivalent to KRW 2,015,340 in total, as shown in the List of Crimes No. 1.

2. Violation of the Act on Financial Business Specializing in Credit, and theft Defendant: (a) taken advantage of the Samsung Card acquired by deceiving Samsung F&D as above at the cash payment season for the victim’s “miniment” located in F&C No. 13, August 13, 2015; and (b) took advantage of the credit card 24 times in total as at September 8, 2015, by withdrawing KRW 100,000 in cash owned by the victim; and (c) taken out the credit card 7,780,000 from September 8, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant in each protocol concerning the suspect interrogation of the police;

1. Statement concerning G in the police statement protocol;

1. Statement of the complaint;

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