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(영문) 인천지방법원 2016.09.02 2016고단4671

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 21, 2015, the Defendant was sentenced to six months of imprisonment with prison labor in the Incheon District Court for larceny, etc., and on December 27, 2015, the Defendant completed the execution of the sentence in the original prison.

【Criminal Facts】

1. On March 30, 2016, at around 18:59, the Defendant violated the Specialized Credit Financial Business Act: (a) settled one of the “Tondo Corcocon” in the amount of KRW 2,000 at the market price displayed in the air conditioners using computers, etc. by taking out the national body card (E) in the name of D in the custody of the lost card located under the Kabter Tebb, Incheon Bupyeong-gu, and passing through the card terminal.

As such, the Defendant, as described in the attached list of crimes, obtained economic benefits equivalent to the same amount from the victim by inputting information into a computer or any other information processing device without authority, thereby processing the information, as well as obtaining financial benefits from the victim.

4. From May 15:05 to July 15:05, the total amount of 49,000 won was settled by the said method on seven occasions, and acquired pecuniary benefits equivalent to that amount.

2. On April 4, 2016, the Defendant: (a) committed theft, at the same place as the foregoing paragraph 1(1) at around 23:00; (b) took advantage of the gaps in F’s management neglect; (c) thereby, stolen the said national physical fitness card lost by the victim D from the storage box of the relevant carter loss card.

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

A. On April 5, 2016, the Defendant purchased one half of the amount equivalent to 5,000 won at the market price from “I” operated by the victim H in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and paid the victim D’s national physical fitness card as if it were one of his/her card.

B. On April 5, 2016, the Defendant purchased “L” operated by the Victim K in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, from around 14:51 on April 5, 2016, and purchased “L” equivalent to the market price of KRW 42,00.