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(영문) 서울동부지방법원 2018.10.16 2018고정959

사기등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. Around 03:00 on March 11, 2018, the Defendant found and acquired 6:4 copies of wallets and E bank physical fitness cards, driving licenses, and resident registration certificates, each of which was lost by the victim D ( South, 31 years old) at the first floor C private house or restaurant in Songpa-gu Seoul building B, Songpa-gu Seoul.

The Defendant, without taking necessary procedures such as returning back to the victim, acquired wallets and cards and embezzled them.

2. Violation of the Act on Financial Business Specializing in credit;

A. On November 1, 2018, at G convenience stores located in Songpa-gu Seoul, Songpa-gu, Seoul around 03:26, the Defendant illegally used the victim D’s E card by presenting the victim D’s E card (H) obtained as of 1.0, to 1.00 won for tobacco 1:4,700 won.

B. On March 11, 2018, around 03:29, the Defendant unlawfully used the victim D’s E card by presenting the victim D’s E card, which was acquired as 1. f. in the K Sing practice place located in Songpa-gu Seoul, Songpa-gu, Seoul, to the victim L (e.g., 51 years of age), signing on the sales slip prepared by the business owner, and allowing approval of KRW 90,000,000.

(c)

On March 11, 2018, the Defendant denied the victim D’s E card by presenting the victim D’s E card acquired from 04:18, Songpa-gu Seoul and 4th N to 1.1, 2018, and allowing the victim O ( South, 41 years old) to sign 170,000 won on the sales slip prepared by the business owner and approve 170,000 won on the sales slip prepared by the business owner.

3. The Defendant, who found the victim’s E card, was illegally used by suggesting three times to the victims of emotional harm, thereby obtaining approval of the total amount of KRW 264,700.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes on loss cards and details of use;

1. Article 70 (1) 3 (Use of Theft Cards) of the Act on the Business of Financial Services Specializing in Extension of Preliminary Punishment and Article 70 (1) 3 (Use of Theft Cards) of the Act, and each criminal law.

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