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(영문) 서울서부지방법원 2018.04.26 2018고단337

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. On June 30, 2017, the Defendant: (a) 2nd floor of “C Sarina” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 08:00, the Defendant: (b) laid down the key to the victim D by excluding the key to the clothes in hand; (c) opened the victim’s clothes and opened cash 30,000 won and E-mail cards; and (d) cut off the wall.

2. On June 30, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, even though there was no right to use it, thought that he/she used the stolen DNA card as described in paragraph (1), and around June 30, 2017, he/she issued a physical card from “G” located in Jung-gu Seoul Metropolitan Government F as if he/she had his/her legitimate possession, issued it to his/her employees and let them settle KRW 11,500, and received coffee, etc. from around that time to September 2017, he/she acquired the same amount of pecuniary benefits by paying a total of KRW 94,570, total sum of KRW 324,570, as stated in the list of crimes in the attached Table.

Accordingly, the defendant used stolen debit cards and acquired financial benefits by deceiving victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on internal investigation (in addition to details of unlawful use of cards) and copies of the sales slip and the sales slip attached thereto, E-mail card-based results and sales slips;

1. A investigation report (verification of the user of a card) and CCTV photographs attached thereto, and an I sales slips;

1. Investigation report (verification of the fact of an application for re-issuance of resident registration) and the list of applicants for re-issuance of resident registration certificates on July 17, 2017 attached thereto;

1. Application of investigation reports (in addition to the facts of damage) and the details of the use of J-Physical Card attached thereto to statutes;

1. Relevant legal provisions and the choice of punishment for facts constituting an offense: Article 329 of the Criminal Act (abstinence, choice of imprisonment), Article 347(1) of the Criminal Act (abstinence of fraud, choice of imprisonment), Article 70(1)3 of the Act on Specialized Credit Financial Business (abstinence of credit finance business law and card).