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(영문) 서울북부지방법원 2018.01.10 2017고단4144
사기등
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The defendant shall be punished by imprisonment with prison labor for four months for embezzlement, fraud such as each computer, and fraud.

Reasons

Punishment of the crime

The Defendant is a taxi driver of the “C” taxi company.

1. On July 24, 2017, the Defendant acquired one credit card owned by the victim E in the D-si operated by himself/herself at the 05:00 on July 24, 2017.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled it on his own idea.

2. On July 24, 2017, the Defendant violated the Act on Financial Business Specializing in Fraudulent Use of Computer, etc. and Credit Business: (a) around 06:25 on July 24, 2017, the Defendant obtained, by means of the following methods: (b) by means of entering information without authority in a computer or other information processing device; and (c) by allowing the Defendant to process information by using the same via a computer or other information processing device; and (d) using a lost credit card, the Defendant acquired, and lost pecuniary benefits equivalent to the same amount by taking out his/her own taxi commission and using the lost credit card on five occasions in total, including the number of occasions Nos. 1 through No. 5 of the attached crime list, the sum of settlement amounts to KRW 107,90, and the lost credit card was used.

3. On July 25, 2017, at around 06:50 on July 25, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant presented the following: (a) the completion of our credit card owned by E, embezzled as in the foregoing paragraph 1, to an employee with no name, as if he was his card; (b) the Defendant used the credit card lost after being issued one shamburger’s set of KRW 5,800 at the market price from the above employee; and (c) used the credit card obtained and lost the total amount of KRW 43,800 in total four times, such as [Attachment] Nos. 6 through 9 re-paragraph 9 of the List of Offenses Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E:

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