logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.05.23 2017고단77
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The fraud defendant would purchase the victim B who had a friendship around May 2016, “I would like to purchase the right of aviation because I had a little influence.”

“A false representation was made.”

However, in fact, the defendant did not have the intent or ability to purchase the airline tickets with the victim merely stated above in the idea of preparing living expenses, etc.

As above, the Defendant: (a) by deceiving the victim; and (b) obtained the delivery of KRW 3.2 million, around May 24, 2016, around KRW 1.7 million, around June 11, 2016; (c) KRW 8.44 million, around August 23, 2016; and (d) KRW 2.82 million, around August 5, 2016.

2. On May 2016, the Defendant violated the Act on Specialized Credit Financial Business: (a) false statement to the victim that “a credit card is required to guarantee an airline ticket in order to purchase an airline ticket; (b) the victim was provided with information, such as the card number, password, etc. in the name of husband C of the victim; and (c) the credit card number, password, etc. in the name of husband C of the victim.

On June 25, 2016, the Defendant settled the total amount of KRW 17,303,961 on seven occasions, such as the entry in the list of offenses in the attached Form No. 22:44 on August 1, 2016, including paying KRW 4,323,463 from F around 18:36 around June 25, 2016, using one card information identified by the aforementioned method.

Ultimately, the Defendant traded by credit card using other person's credit card information detected by fraud or other improper means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Details of approval of credit cards, details of remittance of purchase price of airline tickets, and statement of account transactions;

1. Application of Acts and subordinate statutes to a report on investigation (not sending details on purchase of airline tickets), investigation report (to hear C Telephone Statements which is the complainant);

1. Article 347(1)6 of the Criminal Code applicable to the facts constituting an offense and Article 70(1)6 of the Act on Specialized Credit Financial Business (a comprehensive election of imprisonment with labor), which covers the illegal use of credit cards.

arrow