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(영문) 서울남부지방법원 2017.02.13 2016고단6098

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

【The Defendant was sentenced to two years of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on November 13, 2014, and completed the execution of the sentence at the Net Prison on June 10, 2016.

【Criminal facts】 2016 Highest 6098】

1. On September 2, 2016, around 14:00, the Defendant embezzled the property that he/she had on his/her own thought, without following necessary procedures, such as acquiring a new card No. 2, the victim C lost, and returning the acquired property to the victim, on the way near the subway station of the subway No. 229 located in Yeongdeungpo-ro, Yeongdeungpo-gu, Seoul Metropolitan City. In addition, the Defendant embezzled the property that he/she lost possession.

2. On September 2, 2016, around 15:45, the Defendant, at the F convenience store operated by the victim E (State) of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and 108 story 108, the Defendant, even though he/she did not have the intent or ability to pay the price, provided that he/she presented to his/her employee the card acquired as stated in paragraph 1 as if he/she were his/her own property, to pay the payment. The Defendant, upon delivery from the said employee, obtained 2 A of tobacco to have the market value of KRW 4,500.

In addition to this, the Defendant acquired the property amounting to a total of KRW 553,500 through four times, such as the written list of crimes in the attached Form.

3. At the same time and place as indicated in paragraph 2, the Defendant violated the Act on Specialized Credit Financial Business purchased a new card owned by C, as indicated in paragraph 1, from an employee in the name of its location, which was equivalent to KRW 4,500 at the market price, and offered a new card owned by C, as indicated in paragraph 2, to settle the price, and used the credit card on five occasions in total as indicated in the attached list of crimes.

The Defendant of the 2017 Highest 51 on October 5, 2016, at the front of the “H” food in Gangseo-gu Seoul Metropolitan Government around 01:34 around October 5, 2016, the market price owned by the Defendant 800,000 won.