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(영문) 서울중앙지방법원 2017.07.14 2017고단2769

사기등

Text

A. The remainder of the judgment below is as follows: the defendant's crime No. 1-A. The crime of embezzlement of the escape from the possession of the port is two months.

Reasons

Punishment of the crime

[criminal history] On August 29, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Goyang Branch of the Jung-gu District Court (Seoul District Court), and the judgment became final and conclusive on November 15, 2014, and completed the execution of the sentence in the Jung-gu prison on January 18, 2015.

[Criminal facts]

1. Embezzlements of deserted articles in possession;

A. On November 2, 2013, the Defendant acquired a copy of the victim E’s driver’s license in a D cafeteria located in Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) around November 2, 2013, but did not take necessary procedures, such as returning it to the victim.

B. On November 16, 2016, around 23:00 on November 16, 2016, the Defendant acquired a copy of a debit card of a national bank owned by the victim F, who was lost by the victim F, in the vicinity of the subway station located in the Seocho-gu Seoul, Seocho-gu, Seoul, 101-ro, but did not take necessary procedures, such as returning it to the victim.

In this respect, the defendant embezzled property that has been separated from the occupation of the victims two times.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On November 17, 2016, the Defendant, at the convenience store operated by the victim H in Gangnam-gu Seoul Metropolitan Government on November 17, 2016, purchased goods equivalent to KRW 4,150,00, such as cans, coffee, etc., by deceiving the employees of convenience stores whose name cannot be known by suggesting that he/she has a legitimate right to use his/her debit card, such as paragraph 1-b, and received the above goods from the above employees, namely, at the convenience store.

B. On November 17, 2016, the Defendant: (a) around 05:33, at the time of Gangnam-gu Seoul Metropolitan Government, moved to a taxi operated by the injured party whose name is unknown on the roads near the subway station of the subway station of the subway station of the subway station of the subway station of the 101-ro, and (b) moved to the near the Dong Station Park of the 281-ro, Jung-gu, Seoul; and (c) completed the above national bank debit card and presented it to the injured party as if he had a legitimate right to use his debit card.