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(영문) 서울서부지방법원 2020.10.22 2020고단2532

사기등

Text

Defendant shall be punished by imprisonment with prison labor for a year and two months and by a fine of KRW 400,00.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"200 Highest 2532"

1. Single crimes;

A. From June 5, 2020 to 01:53 on June 5, 2020, the Defendant cut off 50,000 won in cash owned by the victim and 50,000 won in the victim’s name, Samsung Credit Card (F) 1, and BC (G) 1 in the victim’s name, respectively, within the Yongsan-gu Seoul Metropolitan Government H and D convenience store. Around 00:54 to 01:53 on June 5, 2020, the Defendant cut off 50,000 won in cash owned by the victim and 50,000 won in the left-hand side of the victim E under the influence of alcohol. (2) On July 19, 2020, the Defendant took off 14:00 to 15:00, within the entertainment tavern of Gangnam-gu, Seoul, and one of the Hyundai Credit Card No. 1, 1,1500 Hyundai Credit Card (M) in the name of another victim.

B. From July 18, 2020 to 00:00 to 01:00 on July 18, 2020, the Defendant acquired the victim’s body cards (P) owned by the victim who lost B from the point where the victim’s possession was 180 (Korean Han River 1 A), and the area below three areas, as Yongsan-gu Seoul Han River.

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.

C. On June 5, 2020, the Defendant violated the Specialized Credit Financial Business Act and fraud 1) at the main point of Q and R on June 5, 2020, at Q and the main point of Yongsan-gu Seoul, Q and the above main point of business, the Defendant listed the victim S, who was the owner of the above main point of business, as if the Defendant had the legitimate right to use the said card, and made a settlement with the above card under the influence of alcohol value even though the Defendant did not have received alcohol, etc. at the above main point of business, and proposed a payment under the above card under the pretext of alcohol value, and proposed a payment under the above card to change part of the payment amount in cash. The Defendant used the stolen debit card by settling the amount of KRW 2 million with the above card, and 1.4 million cash excluding the fee by deceiving the said victim.