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(영문) 서울북부지방법원 2015.11.12 2015고단3061

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. 2015 highest3061;

A. On July 21, 2015, the Defendant, on the road in front of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul on July 21, 2015, found one of the following: (a) on the part of a national bank, the victim D lost, one physical bank credit card 2; (b) a new bank check 1; and one security card 2; and (c) did not take necessary measures, such as returning it to the victim; and (d) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. On July 21, 2015, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased tobacco at the “F convenience store” operated by the victim E in Dongdaemun-gu Seoul Metropolitan Government on July 21, 2015; and (b) took place to an employee whose name is unknown as if the Defendant was the lawful holder of the credit card issued in the name of D, and (c) presented it to the said employee to pay the tobacco value.

The Defendant, by such means as seen above, induced the victim, and immediately received tobacco equivalent to KRW 4,500 at the market price from the victim via the above employee, and used lost credit cards, as well as having used the same credit cards from the above date to July 21, 2015, the Defendant received each of the goods or pecuniary benefits equivalent to KRW 103,450 in the same manner as indicated in the separate crime list from the above date to July 21, 2015, and used lost credit cards.

C. At around 23:00 on August 11, 2015, the Defendant discovered that the victim I, a disabled person using electric wheelchairs, has been seated in a food sales stand, and used a crepan in the victim’s crepan, one mobile phone with approximately KRW 800,000 of the market price in the victim’s crepans, and one knife with approximately KRW 7,000 of cash in the victim’s crepans.