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(영문) 인천지방법원 2015.04.22 2014고단9335

사기등

Text

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

Reasons

Punishment of the crime

On December 17, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. at the Daejeon District Court on March 13, 201, and completed the execution of the sentence in the Daejeon Prison on March 13, 201, and on October 8, 2014, the Incheon District Court sentenced three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on October 16, 2014.

Criminal facts

1. On January 201, 2014, the Defendant: (a) obtained approximately 20 credit cards, such as card, etc., from male toilets located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul; and (b) did not take necessary measures, such as returning, but did not take necessary measures.

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

2. Fraud;

A. On January 5, 2014, around 16:29, at D stores located in Changwon-si, Changwon-si, Masan-si, the Defendant presented to the victim-based owner a forged card under the name of B, as described in the foregoing paragraph (1), as if it were the normal credit card of the Defendant, and then received from the victim the cosmetics equivalent to KRW 649,000 at the market price.

B. On January 5, 2014, around 17:05, the Defendant presented the forged modern card under the name of G, which was obtained as described in the above paragraph (1), to the victim-in-fact business owner, as if he were a normal credit card holder, at the “F clothes” store located in Yongsan-si, Changwon-si, Yongsan-si, the Defendant was issued by the victim a clothing equivalent to KRW 1,829,000 at the market price.

C. On January 5, 2014, around 17:52, the Defendant presented to the victim the precious metal store “J” operated by the victim I located in Seongbuk-gu, Changwon-si, Sungwon-si, as indicated in the foregoing paragraph (1), a forged corporate card under the name of Daejeon business store of one bank, which was acquired by the victim, as if it were a normal credit card of the Defendant, from the victim.