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(영문) 창원지방법원 2013.11.27 2013고단2711

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 201, 201, the Defendant, while receiving one card in the name of the victim from the D Co., Ltd.’s office in Dongjak-gu Seoul Metropolitan Government, and then embezzled the said card by using the said card for the victim from January 15, 201 to January 15, 201, while being kept for the victim, the Defendant stated that “the card is issued in the name of the manager due to his work performance” to the victim B, and obtained permission to apply for the issuance of one card under his/her name. On November 28, 2011, the Defendant, at the D Co., Ltd. office in Dongjak-gu Seoul Metropolitan Government, received one card in the name of the victim and embezzled it by using the said card for the victim.

2. Around November 28, 2011, the Defendant purchased communications equipment at the victim D Co., Ltd. located in Dongjak-gu Seoul Metropolitan Government, and settled KRW 470,000 by using one card in the name of embezzled as if the Defendant was E.

As such, the Defendant, including by deceiving the victim and receiving communication devices equivalent to KRW 470,00 from the victim’s market price, from January 9, 2012, acquired goods, etc. totaling 6,204,448 won from the victims through 50 times, as shown in the crime inundation (Fraud) as shown in the attached Table from January 9, 2012.

3. At around 15:50 on December 2, 201, the Defendant: (a) removed and stolen a total of KRW 23,200,000, total cash owned by the victims from January 5, 201, including the act of withdrawing and thefting KRW 200,000, which is the cash owned by the victim, from that time, by inserting one card under the name of E acquired in the CDer managed by the victim, as described in paragraph (1), at a point of Han Card Co., Ltd., Ltd. located in the Jung-gu Seoul Metropolitan Government, Jung-gu, 140; and (b) inputting the password and amount.

4. The Defendant in violation of the Specialized Credit Financial Business Act is described in paragraphs (2) and (3) at the seat of the Seoul Metropolitan City from November 28, 201 to January 9, 201.