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(영문) 서울중앙지방법원 2015.08.24 2015고단3264
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2015 Highest 3264]

1. Around 03:00 on May 30, 2015, the Defendant acquired a letter of check-up card of a new bank (credit number d) owned by the victim C, which was lost by the victim C, in the vicinity of the subway paper 3 Station located in Jongno-gu Seoul Metropolitan Government.

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. Fraud and Specialized Credit Financial Business Act: (a) around 00:40 on May 31, 2015, the Defendant purchased 1,200 won (1,200 won) from the convenience store operated by the victim’s name in Jongno-gu Seoul, Jongno-gu, Seoul, and presented C-owned C-owned C-related C-related card as one’s card, such as paragraph (1).

However, there was no authority or ability to settle the price with the above physical card because the defendant is not a legitimate holder of the above physical card.

Nevertheless, the Defendant deceiving the victim as above and let the victim settle the amount equivalent to KRW 1,200 with the above physical card, and received from the victim one disease of the above subject matter.

Accordingly, the defendant used the lost body card of another person and received property by deceiving the victim.

In addition, from that time until 04:03 of the same day, the Defendant used the personal check card of another person lost in the same way six times, such as the list of crimes in the annexed sheet, and acquired property or property gains equivalent to the total amount of 127,840 won by deceiving the victim.

3. The Defendant attempted to commit fraud, on May 31, 2015, purchased 5,500 won (5,500 won) from the convenience store operated by the victim’s name in the middle-gu Seoul Special Metropolitan City-gu No. 335:41, May 31, 2015, and presented that he/she completed the C-owned C-owned C-related card as his/her body card.

However, the facts are.

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