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(영문) 서울남부지방법원 2013.03.22 2013고단155

사기등

Text

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

Reasons

Punishment of the crime

On August 12, 2010, the Defendant was sentenced to imprisonment with prison labor for 6 months and a fine of 300,000 won in Seoul Eastern District Court due to special larceny and completed the execution of the sentence on February 8, 2011.

[2013 Height155]

1. At around 17:20 on November 19, 2012, the Defendant thief cited in “E restaurant” operated by the victim D in Gangseo-gu Seoul Metropolitan Government, which contains one hundred thousand won merchandise coupon, a new card (F), one national visa card (G), one Samsung Card (H), one Samsung Card, one citizen visa card (H), one cash of one bank, nine thousand won, and a resident registration certificate, etc.

Accordingly, the defendant stolen the victim's property.

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

A. On November 19, 2012, the Defendant: (a) purchased gasoline equivalent to KRW 94,00 operated by the victim I in Gangseo-gu Seoul Metropolitan Government, and (b) made payment to the victim by presenting the Defendant’s national visa card under the name of the above D, which was a stolen credit card, as described in paragraph (1).

Accordingly, the Defendant, by deceiving the victim, obtained the above gasoline from the victim and used the stolen credit card illegally.

B. At around 18:08 on the same day, the Defendant: (a) purchased clothes and bags, etc. from N, operated by the victim L in Gangseo-gu Seoul Metropolitan Government on the same day; and (b) made the payment to the victim as if he would normally settle it through his own credit card; (c) presented the national visa card under the above D, which was a credit card stolen as described in paragraph (1), for one bank settlement with the market price of 50,000 won; and (d) presented one card under the above D, which was stolen for three settlement with the market price of 440,000 won.