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(영문) 서울중앙지방법원 2015.09.10 2015고단2774

사기등

Text

A defendant shall be punished by imprisonment for one year.

An applicant for a compensation order shall be dismissed.

Reasons

Punishment of the crime

[Attachment] On November 5, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the said punishment on November 1, 2014.

[2015 Highest 2774]

1. From April 26, 2015, around 02:20 on April 26, 2015, the Defendant stolen the victim C with a cash of KRW 24,000, and approximately KRW 700,000,000 in the market price of the new physical check card owned by the victim C, which is placed on the floor at the 'F' operated by E located in Gwanak-gu, Seoul Special Metropolitan City.

2. Fraud;

A. On April 26, 2015, at around 02:30, the Defendant purchased tobacco equivalent to KRW 45,000 from the “I” convenience store operated by the victim H in Gwanak-gu in Seoul Special Metropolitan City, the Defendant, as if he were the lawful holder of the new physical fitness card that stolen as referred to in the foregoing 1. The Defendant, by deceiving the said card by settling the victim with the settlement of the purchase price, thereby acquiring property profits equivalent to KRW 45,000 from the victim.

B. At around 02:35 on the same day, the Defendant purchased a tobacco amounting to KRW 45,00 from the “L” convenience store operated by the Victim K in Gwanak-gu in Seoul Special Metropolitan City, the Defendant, as indicated in the foregoing paragraph 1., by deceiving the employees M of the said card by doing so, as if it were the lawful holder of the new physical fitness card, and by deceiving the employees M of the said card by settling the amount of de facto payment, thereby acquiring property benefits equivalent to KRW 45,000 from the victim.

3. The Defendant violated the Specialized Credit Financial Business Act: (a) paid 90,000 won via a stolen C’s new physical check at each time, at each place specified in the foregoing 2.1; and (b) paid 90,000 won on two occasions.

[2015 Highest 292]

1. At around February 8, 2015, the Defendant stolen a theft with one national physical fitness card owned by the victim N on water purifiers at the early stage of “F operated by E in Gwanak-gu, Seoul Special Metropolitan City,” around February 8, 2015.

2. Fraud;

A. The Defendant is a victim P in Gwanak-gu Seoul Special Metropolitan City P around 00:55 on February 9, 2015.