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(영문) 대구지방법원김천지원 2020.10.28 2020고단648

사기등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On September 4, 2019, the Defendant was sentenced to a suspended sentence of two years for one year in prison due to night intrusion upon residence, larceny, etc. in the Daegu District Court Kimcheon branch of the Daegu District Court. On May 13, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for night-time building intrusion, larceny, etc. on the same support. Each of the above cases was consolidated at the appellate court, and the said judgment became final and conclusive on August 22, 2020 after being sentenced to one year and two months of imprisonment at the Daegu District Court.

【Criminal Facts】

1. On January 2020, the Defendant found one copy of the national body check, which was owned by the victim D (Nam, 24 years old) in the neighboring India located in the Dong-si, Chungcheongnam-si, Seoul Special Metropolitan City (Seoul) around the end of January 202.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On February 12, 2020, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 22:30 on February 12, 2020, in the “G” operated by the victim F (E) located in Chungcheongnam-si, Chungcheongnam-si; (b) presented that the victim was a legitimate holder of the said card, and presented that the victim was the legitimate holder of the said card, and then, (c) had the victim pay the 2,000 won of the said card, which is the one payment, obtain the same pecuniary benefits; and (d) used the credit card lost by D.

3. Computer etc. fraud or violation of the Specialized Credit Financial Business Act;

A. On February 12, 2020, at around 22:59, the Defendant obtained the same amount of financial benefits and used the credit card lost by D, by inputting’s input of false information into the information processing device, such as a computer, as stated in paragraph (1), as if he was a legitimate holder of the said card, by allowing the Defendant to settle KRW 10,000, which is the cost of using the PC bank.

B. On February 13, 2020, “JPC bank” above around 01:55.