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(영문) 대구지방법원 2020.11.18 2019고단3422

사기등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 3422"

1. Embezzlements of lost possession;

A. On May 2019, the Defendant acquired a copy of the C Card (D) lost by the victim B on the street in the middle-gu, Daegu-gu (hereinafter referred to as the “Seoul-gu”) in which the victim B was lost.

The Defendant did not follow necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the Defendant embezzled the property that was separated from the possession of the above victim.

B. On June 2019, the Defendant acquired a copy of the F Bank Card (G) lost by the victim E on the roads near the Dong-gu, Daegu East-gu, Daegu-gu.

The Defendant did not follow necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the Defendant embezzled the property that was separated from the possession of the above victim.

2. On May 20, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act, when paying usage fees at HPC bank located in Daegu-gu, Daegu-gu, the Defendant, presented the credit card completion of the credit card acquired as above to the victim as if the Defendant was the victim, and subsequently, paid KRW 5,000,000 from May 19, 2019 to June 17, 2019, and acquired financial gains equivalent to the same amount by paying KRW 824,770 in total under the name of the goods price or usage fee, as described in attached Table No. 1, 2019 to June 19, 2019.

Accordingly, the defendant, by deceiving victims, acquired financial benefits and used credit cards lost by others.

3. On May 18, 2019, the Defendant violated the Act on Fraud by Use of Computer, etc. and Specialized Credit Financial Business (hereinafter “Specialized Credit Financial Business”) purchased beverages from a key machine, such as a computer, installed in the Daegu Dong-gu, which is an information processing unit, such as a computer, etc., installed in the Dong-gu, Daegu-gu, by settling 300 won with the credit card acquired as above and acquiring the same amount of financial profits