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(영문) 서울중앙지방법원 2018.04.11 2017고단8674
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes under the lack of ability to discern things or make decisions, such as showing the symptoms of editing, and suffering from a damage, an accident, or an over-the-counter disorder, etc.

1. On October 10, 2017, the Defendant found one of the C-T credit cards (D) owned by the victim C prior to the Seocho-gu Seoul Seocho-ro 51 New C-Ulllet, Seocho-gu, Seoul, Seoul, at around October 1, 2017.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property that he/she had on his/her own mind and has left the possession of the victim.

2. On October 10, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) presented the credit card acquired in the name of “F” located on the Seocho-gu Seoul Metropolitan Government E1’s floor as if he were the lawful holder of food, and (b) presented it to the victim under the name of his employee, who was his employee, as if he were the lawful holder; and (c) received food equivalent to 11,800 won at the market price from the injured party; (b) from that time to November 7, 2017, the Defendant was provided with goods equivalent to KRW 2,917,810 in the same manner as indicated in the list of crimes in the attached Table by November 7, 2017, and used the credit card lost by C.

Summary of Evidence

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. C’s statement;

1. Inquiries about approval, and details of use of member cooperatives;

1. Report of investigation (in relation to field exploration), report of investigation (in relation toG burial search, the application of statutes)

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense (the point of embezzlement of deserted items in possession), Article 347 (1) of the Criminal Act (the point of fraud) and Article 70 (1) 3 (the use of lost credit cards) of the Act on Specialized Financial Business for Credit;

1. Selection of each sentence of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act, which is to be mitigated by law;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act:

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