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(영문) 의정부지방법원 2021.01.27 2020고단1814

사기등

Text

A defendant shall be punished by imprisonment for a period of five 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

1. On February 14, 2020, at around 10:00, the Defendant embezzled, on his own initiative, the Defendant, without following the procedures, such as acquiring 50,000 won in cash from the victim C lost, 50,000 won in cash, national physical card (D), one credit card (E), resident registration certificate, etc., and returning it to the victim.

2. On February 14, 2020, at around 11:29, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business, the Defendant presented to the victim one credit card (E) obtained as stated in the above paragraph 1, as if he had the right to use, and received one cigarette of an amount equivalent to KRW 45,000 from the victim as stated in the above paragraph 1, and then used the credit card and debit card that was lost by the same method for 24 times in total from the victims from the victims to 13:05 of the same day.

3. On February 14, 2020, around 13:40 on February 14, 2020, the Defendant failed to commit fraud presented the victim’s name and the non-operation convenience point of the victim’s name in the H commercial building I located in Gwangjin-gu Seoul Special Metropolitan City H commercial building I, one credit card (E) obtained as stated in the above paragraph 1, as if he had the right to use, was presented to the victim, and the Defendant did not commit an attempted crime but failed to obtain the approval of the attempted fraud by obtaining one half of tobacco equivalent to KRW 45,00 from the victim.

Summary of Evidence

1. The details of the Defendant’s legal statement on the police statement to some C (the details of card transaction), the details of the KB’s national card transaction, the details of one card transaction, the personal photograph extracted, the details of one card transaction, and the details of the KB’s national card transaction;

1. Application of internal investigation reports (Securing CCTVs and card receipts), CCTV photographs and card-related internal reports (the place where damaged articles are found), and the application of Acts and subordinate statutes to the place where damaged articles are found;

1. Criminal facts;