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(영문) 창원지방법원 2017.04.25 2017고단510

사기등

Text

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

However, 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

[2017 Highest 510]

1. Crimes related to the victim C's credit card in Korea;

A. On October 26, 2016, the Defendant: (a) found one copy of the instant BC credit card lost by the victim C in the street located in Kim Jong-si, Kim Jong-si; (b) did not take necessary procedures, such as returning it to the victim; and (c) embezzled it on his/her own idea.

B. On October 27, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) presented a gas station at Kimhae-si, Kimhae-si, and F station in the name of F station operated by the Victim E, and (b) paid 40,000 won for oil by deceiving the victim as if he had a legitimate right to use the said credit card; (b) then, at the “I” convenience store operated by the Victim H in Kimhae-si on the same day, presented the said credit card at around 01:23, the Defendant acquired and used the lost credit card by deceiving each victim as if he had a legitimate right to use the said credit card, by deceiving the victim as if he had a legitimate right to use the said credit card.

2. A crime related to a new body card by the Council of Victims;

A. A thief: (a) around December 4, 2016, at around 04:00, the Defendant: (b) maintained and stolen a new physical card in the name of the victim J set up at the victim J within the L convenience store located in Kim Jong-si, Kim Jong-si; and (c) stolen it.

B. On December 4, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, by deceiving the victim as if he had legitimate authority to use the said new physical card, and by deceiving the victim to pay the sum of 26,800 won of tobacco and city price, and using the stolen debit card.

3. The victimO;