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(영문) 서울중앙지방법원 2017.05.16 2017고단1074

절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant: (a) around January 5, 2017, the Defendant: (b) received money from a person who runs a business of soliciting entertainment establishments, and (c) received a credit card and a physical card password from C in the course of paying the drinking value, by transferring the cash service or account with C’s credit card, etc. to pay money.

1. Fraud (cashation of credit cards and e-mail cards);

A. On January 9, 2017, the Defendant made a false statement to the victim C at “E” entertainment stations located in Gangnam-gu Seoul Metropolitan Government D on January 21:0, 2017, stating that “The above-mentioned credit cards cannot be paid because they exceeded the maximum limit, thereby changing another card.”

그러나 사실 피고인은 앞서 받은 피해자의 신용카드로 술값을 이미 결제하였고, 처음부터 피해자의 돈을 가로챌 생각이었으므로 피해 자로부터 다른 신용카드나 체크카드를 받더라도 술값을 결제할 생각이 없었다.

Nevertheless, the Defendant was issued one copy of the CPC card (F) in the name of the victim from the victim by making such false statement.

B. Around 00:00 on January 10, 2017, the Defendant stated that “H” entertainment establishments located in Gangnam-gu Seoul Metropolitan Government G, “H,” and “the victim C would pay the alcohol value, thereby changing the credit card.”

그러나 사실 피고인은 처음부터 피해자의 돈을 가로챌 생각이었으므로 피해 자로부터 신용카드를 받더라도 술값을 계산할 생각이 없었다.

Nevertheless, the Defendant was issued a new bank credit card (I) with the victim’s name from the victim by making such false statement to the victim.

(c)

around 02:00 on January 10, 2017, the Defendant stated that “K” entertainment points located in J 2 in Gangnam-gu Seoul, Gangnam-gu, Seoul, stated that “The above-mentioned credit cards cannot pay the drinking value because they exceeded the maximum limit,” and that “the above-mentioned credit cards cannot pay other cards.”

However, the defendant has already settled the drinking value with the credit card of the victim received earlier, and from the beginning.