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(영문) 서울서부지방법원 2015.05.08 2015고단228

여신전문금융업법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One credit card seized (Seoul Western District Prosecutors' Office No. 369, 2015).

Reasons

Punishment of the crime

[criminal power] On April 26, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at Seoul High Court, and the execution of the sentence was terminated on August 28, 2014.

[2015 Highest 228]

1. From January 8, 2015, at around 05:30 on January 8, 2015, the Defendant taken one Samsung Card in the name of G (victim’s children) owned by the victim in the bank of “E” located in Eunpyeong-gu Seoul Metropolitan Government (E).

Accordingly, the defendant stolen the victim's property.

2. Around 11:00 on January 8, 2015, the Defendant violated the Fraud and the Specialized Credit Financial Business Act, at the main point of “J” operated by the victim I (the 67 years of age) on the H1st floor in Eunpyeong-gu Seoul, Seoul, for the payment of the price, the Defendant: (a) had the said Samsung Card, as described in paragraph (1), presented it to the victim as if he had a legitimate right to use it; (b) had the said Samsung Card paid KRW 20,000 by presenting it to the victim; and (c) from that time to 14:04 on the same day, each of the Defendant presented a stolen credit card while calculating the drinking value, etc. at least seven times, as indicated in the attached list of crimes (1).

Accordingly, the Defendant used the stolen credit cards on seven occasions as above, and acquired a total of KRW 913,00,000 by deceiving the victims.

[Attachment 2015 order 536]

3. A thief: (a) around 22:00 on February 19, 2015, the Defendant cited the victim’s Ma in front of the main point of “L” located in K located in Eunpyeong-gu Seoul Metropolitan Government, and took 5,000 won in cash owned by the victim, using the gaps under the influence of alcohol by the victim; (b) single bank and security cards; (c) one bank and security cards; (d) a national bank’s debit card; (e) a teachers’ card; (e) a school library membership card; welfare cards; and (e) a driver’s license, which is equivalent to KRW 10,000 in the market value with the driver’s license.

In this respect,