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(영문) 서울중앙지방법원 2019.08.29 2019고단4129

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 21, 2017, the Defendant was sentenced to six months of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court, and completed the execution of the sentence on April 18, 2018.

1. At around 04:40 on June 15, 2019, the Defendant discovered the victim C, being drunk in front of Jongno-gu B building, and then stolen the victim’s cash owned by the victim, 50,000 won, 10,000 won, 50,000 won, 1, 1, 1, 1, 1, 1, and 1,000,000 won, 1,000 won, in cash owned by the victim’s backer, and 1,000,000,000 won.

2. The Defendant, on June 15, 2019, purchased goods at E Convenience stores located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and presented a stolen credit card to the victim under the name in which the Defendant was the legitimate holder of the bank, and the Defendant, as seen above, presented the credit card in the name of the location of the bank, as if he were the legitimate holder.

The Defendant used the card as a means of settlement despite the absence of the above C’s right to use the card, that is, from the victim’s seat, the Defendant received 1mbru from 45,000 won at the market price, and used the credit card which was stolen over 12 times from that date to 10:42 on the same day, as indicated in the attached list of crimes, and received goods or services in total from the victims.

Accordingly, the defendant, by deceiving the victims, received the victims' property, acquired financial benefits, and used the stolen credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation (the details of approval for transactions submitted by victims inside and outside Korea and the confirmation of detailed information of chain stores using cards);

1. Application of Acts and subordinate statutes to investigation reports (recidion of repeated crimes and reporting of confirmation);

1. Relevant Article 329 of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts, the choice of punishment.