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(영문) 서울중앙지방법원 2019.01.25 2018고단2536
사기등
Text

A defendant shall be punished by imprisonment for up to eight months and a fine of up to 300,000 won.

When the defendant does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

[Criminal Power] On December 19, 2008, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul Central District Court for larceny; on March 12, 2010, the Seoul Central District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on November 10, 201, the Seoul Central District Court sentenced four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on May 25, 2016, the Seoul Central District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on July 22, 2016, the enforcement of the sentence was terminated on February 5, 2018.

On December 7, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for robbery, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on December 15, 2018.

[Criminal facts] 2018 Highest 2536]

1. On March 9, 2018, the Defendant found one copy of the debit card of the post office, which was owned by the victim B, at the location of the Seocho-gu Seoul Seocho-gu Non-dong, Seocho-gu, Seoul.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On March 9, 2018, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased 2 and brecing brecing 10,000 won at “D” located in Seocho-gu Seoul Metropolitan Government around March 9, 2018; (b) despite the fact that the instant debit card obtained lost cards as referred to in paragraph (1), as if it was one’s card, the Defendant used a debit card which was lost by settling the amount equivalent to KRW 10,000 for goods by presenting it to the victim’s name disconcing person who was the cause of the said store; and (c) received two copies of brecing from the victim.

3. The Defendant in violation of the Punishment of Minor Offenses Act would use toilets in the state of drinking in the F Zone located in Dongjak-gu Seoul on March 22, 2018.

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