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(영문) 의정부지방법원 2016.11.25 2016고단4580

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Jung-gu District Court on January 29, 2016 and completed the execution of the sentence on July 17, 2016.

【Criminal Facts】

1. On October 17, 2016, the Defendant, on October 17, 2016, acquired a bank containing KRW 100,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,0000,000,000,000,000,000,000

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On October 17, 2016, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) paid accommodation charges equivalent to KRW 30,000 to the victim I’s “within the J, market price,” and (b) presented it to the victim as if he had been given a right to use the E-owned corporate bank card (G) which was obtained and held in advance as described in the above paragraph (1); (c) signed the sales slip by allowing the said victim to pay the payment with the above physical card, and used the embezzled credit card and paid the accommodation charges.

From that time to 20:44 of the same day, the Defendant used the credit card and check card embezzled as above over 13 times in total, as shown in the annexed crime list, and acquired property from the victims and acquired property worth 1,239,200 won in total by deceiving the victims by the above methods.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, K, L, I, M, N,O, P, Q, and R;

1. Details of the approval for cards, and receipts;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports (verification reports, such as the search of prisoners and the same kind of records of the suspect), and the application of Acts and subordinate statutes as a result of prisoners

1. Article 360 of the Criminal Act applicable to the crime and the choice of punishment.