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(영문) 대구지방법원 2013.06.27 2012고단7683

사기등

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 October 26, 2012, the Defendant: (a) committed theft by taking advantage of the gap between “C” restaurant located in Daegu Dong-gu, Daegu-gu, Daegu-gu, where the victim was drinking the victim D and his/her friend on the same day; (b) by taking advantage of the gap in which the victim was under influence of alcohol, the Defendant stolen the victim’s secret card owned by the victim; and (c) one resident registration certificate.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On October 26, 2012, the Defendant: (a) calculated the drinking value at the main point of “G” operated by the Victim F in Daegu-gu, Daegu-gu, Daegu-gu, in calculating the drinking value; (b) deceptioned the victim by presenting the stolen name D’s scoo card as one’s own view; (c) exempted the victim from paying the drinking value of KRW 400,000; and (d) obtained pecuniary benefits equivalent to the drinking value of KRW 400,000 from the victim; and (e) used the stolen scoo card.

B. On October 26, 2012, around 05:16, the Defendant calculated accommodation charges at “J” Magu-gu, Daegu-gu, in which the victim I had been working for the victim I, by deceiving the victim I in the same manner as that of the above paragraph (a), and thereby, exempted the victim I from paying KRW 40,000 from the victim, thereby obtaining pecuniary benefits equivalent to the amount of the said amount, and used the stolen BC card.

3. Attempted fraud.

A. On October 26, 2012, at around 13:12, 2012, the Defendant calculated the price of gold cling, etc. from the “M” bank operated by the victim L in Daegu-gu, Daegu-gu, by means of the same manner as the statement in paragraph (a) above, deceiving the victim in the manner as described in paragraph (2) above. The Defendant attempted to receive gold cling, etc. equivalent to the market price of KRW 6,059,00 from the victim, but attempted to obtain approval due to the exceeding the credit card limit, but failed to obtain approval due to the excess of the credit card limit.

B. On October 26, 2012, the Defendant calculated the “P” price operated by the Victim O located in Daegu-gu Dong-gu N, Daegu-gu, as stated in the above paragraph (a), deceiving the victim in the same manner as described in the above paragraph (2). The Defendant is the gold sheet worth KRW 610,000 at the market price from the victim.