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(영문) 서울서부지방법원 2019.01.18 2018고단2905

사기등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be returned to the victim B.

Reasons

Punishment of the crime

1. Around August 18, 2018, the Defendant, on possession, embezzled, without following necessary procedures, such as acquiring one title Samsung Samsung Card lost by the victim B and returning it to the victim, on the front of the D lodging zone located in Yongsan-gu Seoul, Yongsan-gu Seoul Metropolitan Government.

2. Fraud and the Defendant violated the Specialized Credit Financial Business Act, around August 19, 2018, committed as if he were the lawful holder of the Samsung Card in the name of the victim in Yongsan-gu Seoul, Yongsan-gu, Seoul, as described in the above paragraph (1), with the fact that he had presented the above Samsung Card to the victim and received goods equivalent to KRW 12,300 from around that time to August 19, 2018, and used the lost credit card by the following methods: (a) from around that time, the Defendant received the goods equivalent to KRW 12,300 in total amount of KRW 1,24,700 in total eight times, or acquired property benefits and used the lost credit card, respectively.

3. The Defendant attempted to commit fraud, around August 19, 2018, as if he were the lawful holder of the Samsung Card in the name of Samsung K, which was acquired as described in the above paragraph (1) at the J K K K-type shop working for the victim I in Yongsan-gu Seoul, Yongsan-gu, and attempted to present the above Samsung Card to the victim and obtain pecuniary benefits equivalent to KRW 530,000,000 from the singing-type use fee, but the Defendant failed to make payment due to the refusal of approval, and the Defendant did not commit the attempted fraud at the same time from around that time until August 19, 2018. However, the Defendant attempted to receive property or pecuniary benefits equivalent to KRW 545,00 in total four times in the same manner as indicated in the List of Crimes (2) in the attached Form, but failed to make a payment due to the refusal of approval.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Seizure records;

1. Application of Acts and subordinate statutes to photograph details of card use;

1. Article 360(1) of the Criminal Act of the corresponding Article of the Criminal Act concerning criminal facts.