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(영문) 울산지방법원 2019.01.25 2018고단2358

사기등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence No. 1 shall be returned to the victim B.

Reasons

Criminal facts

On March 9, 2017, the Defendant was sentenced to six months of imprisonment for fraud, larceny, and the execution of the sentence was terminated at the Ulsan Detention House on June 13, 2017. On March 30, 2018, the same court sentenced three months of imprisonment for fraud and three months of imprisonment, and completed the execution of the sentence at the Ulsan Detention House on April 16, 2018.

The defendant had weak ability to distinguish things and make decisions due to an inorganic mental disorder.

"2018 Highest 2358"

1. On July 27, 2018, the Defendant embezzled, on his own initiative, at the 2nd floor in the Busan subway Station 2, the Busan subway Station 441, which was located in the Busan subway Station 441 on the river basin of Yangsan City, on July 27, 2018, without following necessary procedures, such as reporting to the police or service personnel or returning to the victim, even though the Victim B acquired the Cbank card in his/her name, which was lost.

2. On July 27, 2018, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) presented a physical card acquired as stated in paragraph (1) to an employee in charge of the victim’s name in the E-cafeteria located in Yangsan-si D; and (b) received food equivalent to the same amount by settling 17,600 won as he/she’s physical card with the above physical card as if he/she was his/her physical card; and (c) settled it with the above physical card as if it was his/her own physical card.

Accordingly, the Defendant, by deceiving the victim as above, exempted the payment of the amount equivalent to 17,600 won from the victim, acquired the same amount of property benefits, and used the check card in the name of another person.

3. On August 8, 2018, the Defendant: (a) stolen the victim G management in Yangsan City F in a way that, at the HH store located in Yangsan City, the Defendant concealed the 40ml’s paper by hiding it with a total of KRW 6,440 won of the market price where the surrounding surveillance was displayed in other places; (b) one scambed, coke, one 500ml’s disease, and one scke; and (c) one scam, four scams in one scam.

"2018 Highest 2639".