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(영문) 대전지방법원 2016.08.25 2016고단1216
사기등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. The Defendant shall pay 2950,000 won to the applicant for compensation. The above order shall be issued.

Reasons

Punishment of the crime

The defendant of "2016 Highest 1216" is a person who operates the title "C" in Daejeon-gu Daejeon.

1. The fraud accused, upon drinking alcohol in the “C”p and delivering the C C card to the victims who want to pay the price, deceiving them as if they would normally settle the account, and applying for the approval of transaction with the amount higher than the actual price, and then receiving the money by remittance from the credit card company.

A. On March 1, 2016, the Defendant: (a) stated to the effect that “the Defendant would pay the drinking value because he had been drinking time” to the victim L (the age 45) who was a customer; and (b) received agricultural cooperatives’ card (M) from the said victim, and paid KRW 20,400 of the drinking value; and (c) received approximately five minutes after the said card from the victim, and received the said card again from the victim to pay KRW 1,090,000,000 in addition, after obtaining the said card from the victim, and obtained the approval of the said transaction from the card company, and then received KRW 1,090,000 from the Defendant’s passbook in the name of the Defendant.

B. On March 24, 2016, the Defendant: (a) stated to the effect that the Defendant would pay the drinking value to the victim N (son, 60 years of age) who was a customer; (b) received the delivery of the said victim’s credit card (O) from the said victim; (c) settled KRW 29,50,000; (d) actually paid KRW 2,950,000; and (e) received the said transaction from the credit card company, and acquired the said amount of KRW 2,950,00 in the name of the Defendant.

2. Where a business operator violating the Food Sanitation Act transfers his/her business or dies, the transferee shall succeed to the status of the business operator, and the successor to the status of the business operator shall report the fact to the head of the competent Si/Gun/Gu within one month;

Nevertheless, the Defendant, even after taking over the above “C” from P on March 2015, did not exceed one month.

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