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(영문) 서울중앙지방법원 2014.07.10 2014고단3477

사기등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. From May 21, 2014, at a restaurant operated by the victim D in Seocho-gu Seoul Metropolitan Government on May 21, 2014, the Defendant stolen with one gallon of S4 mobile phone and a new card (E) located in a mobile phone case with a gallon of the market value equivalent to one million won, the victim’s market value on the restaurant table, which is the victim’s ownership on the restaurant table, using the gaps where the victim’s surveillance was neglected.

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

A. On May 21, 2014, the Defendant: (a) around 19:51, at the store operated by the Victim G in Gangnam-gu Seoul Metropolitan Government F, and (b) despite the lack of intent or ability to pay the purchase price, the Defendant purchased consumer products; (c) presented the victim’s new card in the name of D, which was stolen, such as paragraph (1), as the lawful holder, as the victim was the lawful holder; and (d) signed the sales slip.

As such, the Defendant, by deceiving the victim, obtained 49,800 won from the victim, 2 panty 2 panty, 3 60,000 won, and 60,000 won from the victim’s place and acquired it by deception, and used the stolen credit card.

B. On May 21, 2014, around 20:16, the Defendant presented a stolen credit card under the name of a lawful holder, such as Paragraph (1), under the pretext that the Defendant would pay the credit amount at a singing practice room operated by I located in Seocho-gu Seoul Metropolitan Government H, as if he were a legitimate holder, and used a stolen credit card by signing his signature on the sales slip.

C. On May 21, 2014, at around 20:19, the Defendant presented a stolen credit card under the name of a lawful holder, such as Paragraph (1), under the pretext of repaying credit payment from a karaoke machine operated by K in Seocho-gu Seoul High Court, as if the Defendant were a legitimate holder, and used a stolen credit card by signing his/her name on the sales slip.

On May 21, 2014, the suspect presented to the victim K a new card in the name of D, such as paragraph 1, at the place described in paragraph 2(c), around 20:22, and as such, he/she had a legitimate right to use the said credit card.