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(영문) 제주지방법원 2013.05.14 2013고단103
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On December 11, 2012, the Defendant had been operating “D” as an agricultural and fishery products distributor in Jeju City, and around December 11, 2012, the Defendant made a false statement to the effect that, in the residence of the victim F, the victim was urgently in need of cash, and that, upon the issuance of a credit card, the victim would immediately refund the amount equivalent to the amount used in cash after using the credit card. However, even if the credit card was issued by the victim, the Defendant had the intent to use it in the repayment of the credit amount to his/her customer, etc., and had no intention or ability to immediately refund the amount equivalent

The Defendant received one copy of the No. G Non-FF credit card under the name of G from the victim at the same place, and used the said credit card four times as indicated in [Attachment Table No. 1 or No. 4] on the same day (the total amount of the usage amount) and did not pay the usage amount, thereby acquiring pecuniary gains equivalent to the above amount.

2. On December 15, 2012, the Defendant: (a) by deceiving the victim in the manner referred to in paragraph (1) in the victim’s residence; (b) obtained one credit card in the name of G from the victim; and (c) thereafter, obtained one credit card in the name of G from that date to December 16, 2012; and (d) did not use the said credit card on two occasions (the total amount of KRW 3.5 million) and did not pay the usage amount (the total amount of the usage amount) as shown in [Attachment 5 and 6]; and (c) obtained by

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on cards cards;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The scope of recommendation, sentence, general fraud, type 1, basic area of sentencing on the grounds of sentencing in Article 62(1) of the Criminal Act (the following conditions of sentencing specified in Article 51 of the Criminal Act);

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