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(영문) 서울서부지방법원 2020.01.22 2019고단3294
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 3294"

1. Around June 9, 2019: (a) around 21:43 to 22:00, the Defendant: (b) obtained a Kakafren’s physical card lost by the victim D on the street near the CKafin located in Mapo-gu Seoul, Mapo-gu; (c) and (d) the same year from around that time.

9. Until August 18, 1199, between the parties obtained 11 copies of a credit card and physical card in the same way, such as the list of crimes (1), and did not take necessary procedures, such as returning the acquired goods to the victim, and did so.

Accordingly, the Defendant embezzled each of the above property that left the possession of the victim.

2. On June 15, 2019, the Defendant violated the Computer, etc. Fraud and Specialized Credit Financial Business Act: around 03:59, when purchasing ham, etc. from a non-victim located in Mapo-gu Seoul, Seoul, the Defendant entered information by means of contact with a card terminal attached to a vending machine as if he/she has legitimate right to use the credit card obtained, such as No. 1) annually, and settled 10,700 won from around that time.

9. Until August 18, 200, a total of 215,400 won was settled by presenting a lost credit card and a check card when purchasing goods over 11 times in total, such as the list of crimes (2) in the same manner.

Accordingly, the Defendant obtained property benefits equivalent to 215,400 won in total and used lost credit cards by making data processed by inputting and altering data without authority in the data processing device, such as computers, at least 11 times.

3. On June 15, 2019, the Defendant violated the Fraud and the Specialized Credit Finance Business Act, presented 33,850 won to the victim’s employee, as if he/she had legitimate right to use the credit card in the name of G, which he/she acquired, such as a list of crimes (1) No. 2, when purchasing beer, tobacco, etc. at H convenience stores located in Mapo-gu Seoul Metropolitan Government.

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