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(영문) 부산지방법원 2013.09.25 2012고단695

사기등

Text

1. As to the crimes as provided in the holding 1, any person shall be punished by imprisonment for four months and any person who commits the crimes as provided in the holding 2 and 3 with prison labor for ten months;

2.

Reasons

Punishment of the crime

On January 25, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court on January 25, 201, and on June 30, 201, the judgment became final and conclusive on June 30, 201, and completed the execution of the sentence on February 24, 2012.

1. "2012 Highest 695";

A. On February 18, 2008, the Defendant stated that “The Defendant borrowed a card that needs to cover expenses incurred in running a water business to the victim” from the victim D’s residence located in Busan Seo-gu, Busan Seo-gu, to use only KRW 200,000 and return the card. The card payment shall be paid immediately for the following month.”

However, in fact, the Defendant was in bad credit standing at the time and was in the absence of income due to the lack of real estate brokerage business performance, and thus, the Defendant did not have the intent or ability to pay the card price.

Nevertheless, the Defendant received a new card in the name of E used by the victim from the victim as above, and obtained 2,419,150 won from the time of receipt to March 4, 2008, and acquired property benefits equivalent to the above amount from the use of 2,419,150 won from the time of receipt of the new card in the name of E used by the victim, as described in the attached list I, from that time to September 12, 2008, and acquired property by deception.

B. A thief (1) Defendant from July 2008

7. During around 25.25. Around the above victim D’s residence, while the victim was aware of the fact that the victim was a community credit cooperative or debit card owned by the victim, then arbitrarily taken it out and stolen the community credit cooperative or debit card owned by the victim.

(2) On July 25, 2008, the Defendant: (a) stolen D’s debit cards; (b) 200,000 won from D’s account using the above debit cards from F F F F F F F F F F F F F F F F F F F F F F F F, and (c) around 12:27 of the same day from the date to the cash withdrawal from FF F F F F F F F F F F F F F F F F F F F F to the F F F F F F F F F F F F.

7. 29. Busan Sea Highway around April 4, 209.