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(영문) 서울중앙지방법원 2018.05.24 2017고단7932
사기등
Text

Defendant

A Imprisonment of eight months, Defendant B's imprisonment of six months, Defendant C's imprisonment of five months and Defendant D's imprisonment of six months.

Reasons

Punishment of the crime

Defendant

C On January 19, 2017, upon being sentenced to six months of imprisonment with prison labor for the crime of injury at the Seoul Central District Court, and two years of suspended execution, the said judgment became final and conclusive on January 27, 2017, and is currently under suspended execution. On October 26, 2017, upon being sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for fraud, the said judgment became final and conclusive on November 3, 2017.

1. Defendant A

A. On July 8, 2017, at around 21:00, the Defendant embezzled, on the road located in the Jung-gu Seoul Special Metropolitan City Jung-gu, the Defendant: (a) provided a wall containing one victim’s L, one credit card of KBB bank, one Cmat Bank credit card, one Saemaul Bank Cit Bank credit card; and one Saemaul Bank Cit Card, and returned it to the victim; and (b) embezzled that he/she had on his/her own idea without following necessary procedures.

B. On July 13, 2017, the Defendant: (a) purchased tobacco at the convenience store operated by the victim N in Jung-gu Seoul, Jung-gu, Seoul on July 13, 2017; and (b) presented L’s Saemaul Treasury Cown Card (P) as if the Defendant were the Defendant.

However, in fact, even if the defendant purchased tobacco with the lost card, the above card did not have the intention or ability to settle the price properly.

Nevertheless, the defendant deceiving the victim as above and received tobacco equivalent to 40,000 won at the market price from the victim, namely, from July 13, 2017 to July 02:45 of the same day from July 13, 2017 to July 13, 2017 by the above method, the defendant acquired 135,700 won of tobacco and coffee in the amount of KRW 135,700 through 4 times, such as the 135,700 of the attached list of crimes, and acquired it by fraud, and attempted to purchase 20,000 of tobacco on two occasions, but failed to make a credit card payment, and failed to do so.

(c)

No person who violates the Acts in financial business specializing in credit shall sell or use lost or stolen credit cards or debit cards.

Nevertheless, the defendant from around July 13, 2017 to around 02:38.

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