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(영문) 광주지방법원 해남지원 2015.02.12 2015고단20

여신전문금융업법위반등

Text

A defendant shall be punished by imprisonment for six 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

On December 27, 2013, the Defendant was sentenced to six months of imprisonment for the crime of occupational embezzlement at the Cheongju District Court and one year of suspended execution, and the said judgment became final and conclusive on January 4, 2014.

1. From October 13, 2013, around 00:00, the Defendant stolen a mobile phone by taking advantage of the gaps in D’s accommodation located in the Namnam-gun, Namnam-gun, where the victim E was locked, one mobile phone at the victim’s own cash of KRW 400,000,000, which was in the victim’s household located in the victim’s household, and one copy of the national bank’s physical card and one copy of the Samsung Galthmp, which is equivalent to KRW 970,00,000 in the market value.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On October 13, 2013, the Defendant calculated the entrance fee from GF located in the Namnam-gun, Namnam-Namnam-gun on October 13, 2013, the Defendant presented the physical records of the National Bank of Korea, which he stolen from E, to an employee as if he was his card, and used it by allowing an employee to pay 30,000 won of the entrance fee, and by requiring the victim’s national bank to pay the amount equivalent to the above amount, the Defendant acquired property profits equivalent to the above amount.

B. On October 13, 2013, around 03:57, the Defendant: (a) presented the physical card of a national bank owned by the above E to an employee as if he was his card; (b) had the non-employee settle the purchase cost of the non-goods; and (c) had the victim bank pay the equivalent of the above amount to the national bank in the above manner; and (d) acquired the pecuniary profit equivalent to the above amount by having the victim bank obtain the monetary profit.

3. The Defendant, at around 02:00 on October 13, 2013, committed a theft, as set forth in paragraph (1) at G Inndo Office 106, G Inngu, YY 106, G Inngu, Namnam-gun, the Defendant: (a) had a mobile phone access to Samsung G Ggalp, which was owned by the victim E; (b) had him/her, as if he/she were the victim, purchased old galpium in an amount equivalent to KRW 29,700, and had the victim repay the said amount; and (c) had him/her obtain pecuniary benefits equivalent to the said amount by having the victim repay the said amount; and (d)