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(영문) 창원지방법원 통영지원 2019.06.13 2019고단200

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 18, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. from the Changwon District Court’s prison branch on December 18, 2015, and on April 13, 2016, the prison detention house completed the execution of the sentence.

【Criminal Facts】

1. At around 10:08 on February 23, 2019, the Defendant: (a) opened a driver’s seat car of the victim C, which was parked on B’s front street, and was not corrected due to access to the said vehicle; (b) opened a car of the victim’s gallon; (c) one cellular phone of Samsung gallon; and (d) cut off one of the market prices equivalent to KRW 50,00,000 at the market price consisting of two copies of the fisheries credit card (E, F).

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. The Defendant, as described in paragraph 1, has stolen a credit card (E) under C’s name, and thus, did not have any legitimate right to use the credit card (E) despite the absence of such right to use it, he was willing to avoid paying the price of the goods.

On February 23, 2019, around 10:23, the Defendant purchased 4,800 won of the market price from the I operated by the victim of macro-si H at macro-si, and had the victim pay the price by presenting the above credit card, as if there was a legitimate right to use the above credit card.

In this respect, the defendant deceivings the victim to obtain pecuniary benefits equivalent to 4,800 won, and used stolen credit cards.

B. The Defendant, as described in Paragraph 1, committed a crime against the victim J, stolen the Suhyup Credit Card (E) in the name of C, and thus, despite the absence of legitimate right to use, was committed as if the right of use was granted, in order to avoid paying the price of the goods.

On February 23, 2019, the Defendant settled a marina service equivalent to KRW 50,000 at the market price at “L” store operated by the victim in K at a macro-si on February 23, 2019.