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(영문) 의정부지방법원 고양지원 2015.11.06 2015고단2563

사기등

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On January 17, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. and two years of suspended execution, and the judgment became final and conclusive on January 25, 2014. On September 10, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. from the Cheong-gu District Court Goyang Branch on September 24, 2015, and the judgment became final and conclusive on September 24, 2015.

1. On May 20, 2015, the Defendant: (a) around 00:00 on May 20, 2015, 2015, the Defendant stolen: (b) within the sirens on the number plate of the Daejeon Seodong Underground Parking Lot, the victim D used the cres of goods in his/her residential premises located in the said apartment; and (c) took one copy of the resident registration certificate of the said victim’s name and one copy of the Agricultural Cooperative Card under the name of the said victim E, respectively.

2. Violation of the Specialized Credit Financial Business Act and the Defendant’s fraud are “G” restaurants operated by the victims’ names in the Jung-gu Incheon Metropolitan City F.

A. On May 20, 2015, after ordering food of an amount equivalent to KRW 49,00,000, KRW 49,000, the Defendant offered the stolen e-mail card to an employee in non-name, as set forth in paragraph (1), as if he/she were the lawful owner of the above e-mail card, and the Defendant took the e-mail card as if he/she were the lawful owner of the above e-mail card, and issued it after signing the 49,000, and then directly signing the e-mail card to use the e-mail card;

B. Next, around 05:22 on the same day, after issuing an additional order for food equivalent to KRW 90,000, the e-mail card was presented to an employee in non-name, and the e-mail card was presented, as stated in Paragraph 1, to which the Defendant was the legitimate owner of the above e-mail card, made the above employee prepare a sales slip of KRW 90,000, and issued the stolen e-mail card after signing the sales slip directly on the member signature column, and then used the e-mail card.

Accordingly, the defendant uses the stolen physical card, and deceiving the employee, thereby avoiding the payment of the total amount of 139,000 won from the victim.