beta
(영문) 서울중앙지방법원 2021.02.03 2020고단7825

사기등

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal record] On July 1, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court on December 15, 2019, and completed the execution of the sentence. On October 27, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Yangyang Branch Branch of the Jung-gu District Court on October 27, 2020, and the Defendant appealed and withdrawn the appeal and the judgment became final and conclusive on November 9, 20

[Criminal facts] The Defendant was aware that he was living in the vicinity of the Suwon Station

B around May 2020, around Kakao Bank Card (C), and E containing the Gyeonggi local currency card (D), offered to purchase goods by using the knife card and the local currency card in which the Defendant purchased goods.

1. On May 14, 2020, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit, in collusion with B, found the H convenience points managed by the Victim G located in Suwon-gu on May 14, 2020 by the victim G, and B acquired property equivalent to approximately KRW 69,700 of the market price by using the physical card lost on three occasions, such as the physical card, which was lost on three occasions as shown in the attached Table 1 sheet of crime, from the time of purchase, by suggesting that the Defendant had the right to use the Kakao bank card in the name of E, as seen above, and indicating that he was entitled to use it to the Defendant and B.

2. On May 14, 2020, the Defendant violated the Act on Fraud and Electronic Financial Transactions, in collusion with B, found at the convenience store managed by the victim J in Suwon-gu around 03:44 on May 14, 2020, the Defendant used the access media that was lost on three occasions in total, including the following day from that time, by suggesting that the Defendant and B have the right to use the Gyeonggi local currency card in the name of E acquired as above, as if he had the right to use, and settling 4,500 won with the “Islife tobacco market value” at the same time.