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(영문) 서울남부지방법원 2018.11.15 2017고단5922

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On August 27, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on December 29, 2015, and completed the execution of the sentence at the Daejeon Prison on December 29, 2015. On January 12, 2017, the Defendant was sentenced to imprisonment with prison labor for not more than ten months at the same court on September 12, 2017 and completed the execution of the sentence at the Gwangju Prison on September 12, 2017.

[Criminal facts]

1. Acquisition and use of corporate bank BC cards owned by the victim C;

A. From September 21, 2017, around 23:00 on September 21, 2017, the Defendant embezzled, without taking measures, such as acquiring one copy of the corporate bank BC card (credit number D) lost by the victim C in the vicinity of the “Korean bank, etc. located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, etc. of prisoners of war, and returning it to the victim.

B. The Defendant attempted to commit fraud, around 02:50 on September 22, 2017, ordered “A” of the F convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, which is equivalent to the market value of KRW 4,100,00, from the F convenience store located in Yeongdeungpo-gu, Seoul, and attempted to make payment by presenting the company bank BC card that he acquired to the victim G, an employee, as above, but did not reach an attempted attempt because the card was suspended from trading.

2. Acquisition and use of a national card of the KB owned by the victim H;

A. From September 21, 2017, around 22:30 on September 21, 2017, the Defendant embezzled the KB national card (credit number I) lost by the victim H before the “Korean bank located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.” (hereinafter “Korea bank”), without taking measures, such as acquiring one copy of the KB national card (credit number I), and returning it to the victim.

B. On September 22, 2017, at F convenience stores located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) ordered 1 A of DNA fluor tobacco equivalent to the market price of 4,100 won; and (b) presented the KB national card that he/she acquired to G, an employee, to which he/she had the victim pay with a credit card; (c) obtained by obtaining a tobacco delivery; and (d) used the lost credit card.

Summary of Evidence

1. The defendant's person;