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(영문) 인천지방법원 2016.09.23 2016고정802

사기등

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On August 10, 2015, the Defendant, at around 01:00, discovered a 6 smartphone 6 smartphone and a new e-mail card lost by the victim F, and embezzled the victim’s think, without returning it to the victims. In addition, the Defendant: (a) acquired a 6 smartphone 6 smartphone, and a e-mail card lost by the victim’s F, which includes a 200,000 won of the market price of the victim E’s new credit card, a national e-mail card, etc.; and (b) embezzled it.

B. On August 10, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business (1) committed as if he had the right to present and use a new credit card with the victim’s name in order to pay an amount equivalent to KRW 8,020 after boarding the taxi at around 04:4,04 on August 10, 2015, and as if he had the right to use a new credit card with the victim’s name, he received 8,020 won from the taxi engineer, and acquired pecuniary benefits equivalent to the same amount, and used the lost credit card unlawfully.

2) On August 10, 2015, around 05:15, the Defendant: (a) presented a new credit card to the victim’s name-free business owner in order to pay food value; (b) received 45,000 won from the injured party to receive payment; and (c) illegally used the lost credit card.

(c)

On August 10, 2015, the Defendant attempted to obtain the taxi fee by paying the taxi fee of 3,200 won after getting in J-si and paying the taxi fee of 3,200 won. However, the Defendant failed to do so on the wind that was not settled due to the reporting on the loss of the said E’s card, and failed to do so.

2. Comprehensively taking into account the legal statements of K witnesses, E, and F’s respective damage statements, transaction details, and Nonghyup Card Co., Ltd., the victim E and F shall be around August 10, 2015.