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(영문) 서울중앙지방법원 2015.03.19 2014고단8747

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 29, 2014, around 04:00, the Defendant stolen, using the gap in which the victim E was temporarily locked, the Defendant used the victim’s gallon-2 mobile phones, one cellular phone in which the victim E was in his/her own will, one copy of the gallon card of our bank, one cash 30 thousand won, one thousand won, one thousand U.S. dollars, and one 400,000 S. dollars in which the market price was 2 U.S. dollars.

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

A. On September 29, 2014, around 05:45, the Defendant purchased tobacco of an amount equivalent to 2,700 won at the market price from Gmaart located in Gangseo-gu Seoul Metropolitan Government F on September 29, 2014, and presented the bank body cards in the name of E that stolen victim as described in paragraph (1), as if the Defendant was the Defendant’s card, and then issued the sales slip to the victim after signing the sales slip.

Accordingly, the defendant deceivings the victim, received the property from the victim, and used the stolen debit card.

B. On September 29, 2014, around 07:00 on September 29, 2014, the Defendant paid KRW 30,000,000, around 07:00 to the International Gas station located in Jung-gu Incheon, Jung-gu, Incheon, to the victim under his name, who was a J-si driver, presented that he was the Defendant’s card and signed the sales slip as if he was the Defendant’s card.

Accordingly, the defendant, by deceiving the victim and allowing the victim to operate the above taxi, acquired financial benefits equivalent to 30,000 won of the taxi fee and used the stolen debit card.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (certificate of actual results of deposits transactions of victims);

1. Article applicable to criminal facts;

(a) The occupation of theft: Article 329 of the Criminal Act;

(b) Illegal use of each credit card: each Specialized Credit Finance Business Act;