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(영문) 인천지방법원 2017.02.09 2016고정2509
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and B are two dynamics.

1. On May 15, 2016, the Defendant solely committed a crime (Embezzlement of deserted articles in possession) by acquiring one point of the Victim D (25 years old, South) prior to the Victim D (25 years old, South) in Bupyeong-gu, Incheon, Bupyeong-gu, Seoul.

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

2. Joint crimes committed with the accused and B (violation of Acts of finance business specializing in fraud and credit finance);

A. On May 15, 2016, the Defendant and B purchased tobacco equivalent to KRW 4,500 at the market price at the F convenience store operated by the victim’s name in Bupyeong-gu Incheon, Bupyeong-gu, Incheon at around 23:22, and received the said goods by deceiving the victim by presenting the D bank body card, such as paragraph (1), as he/she had obtained, as he/she had a legitimate possession.

B. On May 16, 2016, the Defendant and B purchased tobacco amounting to KRW 4,500,00, at the F convenience store operated by the victim’s name in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, at around 03:54, and received the said goods by deceiving the victim by presenting the C/C card, such as paragraph (1), as he/she had obtained, as his/her legitimate holder.

(c)

On May 16, 2016, the Defendant and B purchased goods equivalent to KRW 12,840 in the H convenience store operated by the victim’s name in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, from around 03:58, at the H convenience store, and received the said goods by deceiving the victim by presenting the physical card of a national bank under the name of the name of the Plaintiff, such as paragraph (1), as he/she had obtained, as his/her legitimate holder.

(d)

On May 16, 2016, the Defendant and B purchased tobacco equivalent to KRW 4,500 at the H convenience store operated by the victim’s name in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, with a view to the purchase of tobacco equivalent to the market price of KRW 4,500. The Defendant and B are legitimate.

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