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(영문) 서울북부지방법원 2015.02.03 2014고단3336
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 16, 2012, the Defendant: (a) stated the name “C”, “D” in the name column of the Samsung Card member registration number column, and “Fran-gu E” in the address column in the Myeon area located in Jung-gu Seoul, Jung-gu, Seoul; (b) forged an application form for Samsung Card member under the name of “C” and signed the above C’s name with a black-type sign; and (c) issued the above Samsung Card member registration application form to F, who is unaware of such fact, as if the application form was duly concluded.

In this respect, the Defendant forged, and exercised, another person's documents on rights and duties for the purpose of exercising them.

2. On April 19, 2012, the Defendant purchased goods equivalent to KRW 14,020 at H, a market price of which is 14,020, and settled with C’s Samsung Card issued by forging a document as stated in paragraph 1, and received goods or services in total amount of KRW 24,970,113 over 284 times from the above date to August 27, 2013, as indicated in the list of crimes in the attached Table.

However, the Defendant did not have obtained the consent or consent to the issuance of a credit card from the above C, and the Defendant did not have any intent or ability to pay the credit card normally even if he uses the credit card with bad credit standing at the time.

The defendant had the victim Samsung Card Co., Ltd pay the price of KRW 24,970,113 on behalf of the chain store.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Use details of cards, and the application of statutes applicable to a copy of an application for Samsung Card membership;

1. Relevant Articles 347(1), 231, and 234 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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