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(영문) 서울북부지방법원 2015.06.30 2015고단1115

사기등

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On November 2, 2012, Defendant A sentenced Defendant A to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), at the Seoul Central District Court, for one year and six months, and completed the execution of the sentence on July 15, 2014.

around 03:00 on April 2, 2015, the Defendant acquired 1 copy of LG 3 mobile phones, 1 credit card of the National Bank, Samsung Credit Card 1, 1 of the Samsung Credit Card, 2 of the foreign exchange delayed card and 1 of the oil card on the market price owned by the victim D lost by the victim D on the road Dongdaemun-gu Seoul, Dongdaemun-gu Seoul.

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.

B. On April 2, 2015, the Defendant violated the Fraud and the Specialized Credit Finance Business Act at G convenience stores operated by the victim’s name in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, on or around 08:20.

As stated in the same paragraph, I conducted as if the credit card of a national bank was a legitimate holder of the credit card, and had the victim prepare the sales slip with the victim's presentation of the above credit card, and then sign it in the form of signature of the sales slip.

As above, the Defendant, by deceiving the victim, received the same as the subject of a suit equivalent to the market value of KRW 2,700 from the victim, and used the lost credit card.

From 09:06 on the same day, the Defendant received tobacco, etc. equivalent to the total market value of KRW 102,200, and used lost credit cards, respectively, on five occasions, as shown in the attached list of crimes.

2. At around 11:00 on April 2, 2015, Defendant B acquired the stolen goods from “I” operated by the Defendant in Jongno-gu Seoul Jongno-gu Seoul, and acquired the stolen goods by purchasing KRW 20,000, despite being aware of the fact that he/she was the stolen goods of KRW 900,000 of the market value of LG 3 mobile phone owned by the victim and embezzled by Defendant A.