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(영문) 서울중앙지방법원 2017.10.19 2017고정2078
사기등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On April 24, 2017, the Defendant found one credit card in the front of Jongno-gu Seoul, Jongno-gu, Seoul at around 7:20, the victim D lost.

Defendant 1 did not take necessary procedures such as returning the above 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 April 24, 2017, at F convenience stores located in Jongno-gu Seoul, Jongno-gu, Seoul, the Defendant: (a) purchased 3 lubal and lubal and one lubal in the horse, and (b) paid the amount of goods by presenting the credit card (H) in the name of the injured Party as if the Defendant was the credit card of the Defendant.

However, the above credit card was lost by the credit card holder D as stated in paragraph 1, and the defendant did not have a legitimate authority to pay the price for the goods by the credit card.

The Defendant, as such, by deceiving the victim, received from the victim the delivery of 3 Balu and 1,300 won of tobacco or one milk at the market price, by making a verbal bulletin equivalent to 135,00 won of the market price.

3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using credit cards lost by the aforementioned methods at the time and place specified in paragraph 2.

4. On April 24, 2017, the Defendant attempted to commit fraud: (a) purchased three beams of tobacco as a horse at the J convenience store located in Jongno-gu Seoul Metropolitan Government Jongno-gu, and (b) presented D’s credit card (H) as if the Defendant was the Defendant’s credit card holder.

However, the above credit card was lost by the credit card holder D as stated in paragraph 1, and the defendant did not have a legitimate authority to pay the price for the goods by the credit card.

The Defendant, as such, deceiving the victim and wanting to deliver 300 million won tobacco to the victim of the damage by a verbal bulletin equivalent to the market price of 135,000 won, but the approval is refused by the report on loss of the D credit card.

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