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(영문) 수원지방법원 2019.10.17 2019고단2313

사기등

Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

[criminal power] On April 26, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for special injury at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on August 23, 2018. On September 5, 2019, the same court was sentenced to three months of imprisonment with prison labor for embezzlement of stolen property and the sentence became final and conclusive on September 17, 2019.

【Criminal Facts】

"2019 Highest 2313"

1. On January 17, 2019, the Defendant: (a) obtained a credit card certificate of our bank owned by the victim B, the victim of which was lost; (b) but (c) did not take necessary procedures, such as returning it to the victim; (d) on January 17, 2019, he/she thought that he/she had it.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Fraud and Specialized Credit Financial Business Act: (a) around January 17, 201, the Defendant acquired property profits by presenting the credit card (E) in the name of the victim B, as stated in the foregoing paragraph (1) at the D convenience store located in Suwon-si, Suwon-si, Suwon-si, as seen in the foregoing paragraph (1) at the victim F, as if he had been duly entitled to use the said 115,920 won, thereby allowing the victim F, an employee, to settle the total amount of 115,920 won; and (b) from that date to 16:13 on the same day, the Defendant acquired property profits or acquired property at a total of 295,920 won by the same method three times, as described in the attached Table 1, from that date, and used the credit card lost by another person.

"2019 Highest 3220"

1. Embezzlements of lost possession;

A. On January 19, 2019, the Defendant: (a) obtained a new card owned by the injured party G and did not take necessary measures, such as returning it to the injured party; (b) went back to his own idea, on the roads adjacent to the Suwon Station, which was located in 944, Suwon-si, Suwon-si; and (c) did not take necessary measures.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. The Defendant on February 21, 2019