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(영문) 전주지방법원 2017.04.14 2017고정93

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 14, 2016, the Defendant: (a) on the street in front of the C Hospital located in Kim Jong-si, Kim Jong-si, 15:50 on September 14, 2016, acquired a copy of credit card as the victim D lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On September 14, 2016, around 16:06, the Defendant: (a) carried out the card obtained as if the Defendant was a legitimate holder; (b) presented the card to an employee in a name-free manner as if he was a legitimate holder; and (c) had the employee settle the chips equivalent to KRW 28,000 with the above card; and (d) used the lost credit card.

B. On September 14, 2016, around 16:29, the Defendant: (a) presented the card to a H’s employee with the above method, and had the employee settle the food price equivalent to KRW 86,520 with the said card; (b) obtained economic benefits equivalent to the same amount; and (c) used the lost credit card.

(c)

On September 17, 2016, the Defendant, at around 17:55, operated the victim under his name in Kim Jong-si I, by the aforementioned method, presented the card to the employee in the name of J, and caused his employee to settle the food price equivalent to KRW 4,600 with the above card, thereby acquiring economic benefits equivalent to the same amount and using the lost credit card.

3. On September 17, 2016, the Defendant attempted to commit fraud from the L-Clock point operated by the victim of his name in Kim Jong-si, Kim Jong-si, as well as from the D’s name that the Defendant acquired, as set forth in paragraph 1, as the lawful holder.