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(영문) 부산지방법원 2019.05.22 2018고단119
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[B] On May 25, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court for the same year and two months, and the same year.

7. 26. The execution of the sentence was completed.

[A] The Defendant had weak ability to discern things or make decisions due to the intellectual disability, alcohol use disorder, etc. caused by cerebral lephism, etc.

[2018 Highest 119]

1. On September 6, 2017, the Defendant: (a) obtained a copy of the physical card connected to the bank account in the name of the victim, who was lost by the victim B at the Busan Jin-gu, Busan on or below Busan on September 17, 2017; and (b) did not follow necessary procedures, such as returning it to the victim; and (c) embezzled the property that he/she had, on his/her idea, left from the possession of the victim.

2. Around September 17, 2017, the Defendant committed a violation of the Specialized Credit Financial Business Act, and the Defendant, at the convenience store located in Busan, Busan, as if he were the lawful possessor of the C Bank C Bank C Bank C Bank C Bank C Bank C Bank C Bank C Bank C Bank C Bank C Bank Card, as stated in the above 1., and received two cigarettes equivalent to the market price of KRW 9,000 from an employee in default on his name. From that time to September 12, 2017, the Defendant acquired, and used, from September 7, 2017, five times as indicated in the list of crimes, property or proprietary benefits equivalent to KRW 37,700 in total and lost, as follows.

[2018 Highest 487]

1. On December 7, 2017, the Defendant embezzled the property that he/she had, on his/her own idea, has without following necessary procedures, such as acquiring one G credit card in the name of the victim, who was lost by the victim F, and returning it to the victim, within the Busan Southern subway Station, on December 22:40, 2017.

2. Violation of the Specialized Credit Financial Business Act, and fraud;

A. The Defendant, at around 22:45 on the same day, runs as if he was a legitimate holder of G credit card acquired as above, at the H convenience store in Busan Jung-gu, Busan, and falls under this, from an employee in unsound name.

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