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(영문) 광주지방법원 2019.05.23 2018고단3483

사기등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at around 20:00 on March 23, 2018, received from the victim D a credit card (F) owned by the said victim for the purpose of calculating the drinking value.

The Defendant, while keeping the above credit card on the part of the victim, failed to use the said credit card at will as the victim was under the influence of alcohol, and paid 300,000 won with the said card, and did not return it.

Accordingly, the Defendant embezzled one credit card owned by the victim.

2. On March 23, 2018, the Defendant, in violation of the Specialized Credit Financial Business Act, purchased one cigarette at the H convenience store operated by the victim with no knowledge of the name in G on March 23, 2018, and used the credit card acquired by embezzlement and embezzlement of the said goods by having the employees of the said store know of the fact by presenting the credit card in the name of embezzled D as being the legitimate owner, as in the preceding paragraph, to pay 45,000 won with the said card.

In addition, from the above date to March 24, 2018, the Defendant used credit cards acquired through embezzlement, by presenting and exercising the check card under the name D over a total of seven times, such as the entry in the list of offenses, as shown in the attached Table, as if the Defendant was a legitimate owner. In addition, the Defendant acquired financial benefits equivalent to the total market value of KRW 941,000 or received goods, and used the credit cards acquired through embezzlement.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Reports on internal investigation (related to telephone statements of witnesses);

1. A detailed statement of use of the victim E card;

1. Application of CD’s film-related statutes;

1. Relevant statutory provisions of Article 355(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)4 of the Specialized Credit Financial Business Act ( point of using the embezzlement card) and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;