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(영문) 청주지방법원 2013.05.02 2013고정302
사기등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. From October 27, 2012, the Defendant discovered and stolen Samsung B’s Samsung B’s Samsung F&T card, which was located on a cash withdrawal machine installed at the future Saemaul F&C depository located in a large amount of Cheongju-si, Cheongju-si on October 27, 2012.

2. On October 28, 2012, around 12:18, the Defendant concluded that he/she would purchase mincccot by presenting the minccot to the victim as if he/she was the Defendant’s physical card in the E clothes store operated by the victim D, a considerable amount of Cheongju-si, as set forth in paragraph 1.

However, the defendant did not have any intention or ability to pay the price even if he purchases the above minccot, not the owner or the legitimate holder of the above minccot.

The Defendant was issued mincco at the victim’s seat, namely, at the market price of KRW 810,000.

Accordingly, the defendant was given property by deceiving the victim.

3. On October 28, 2012, the Defendant continued to commit fraud, at the H bail point operated by the victim G in the area of Cheongju-si, a considerable amount of Cheongju-si, that the Defendant submitted the cream card that was stolen as stated in paragraph (1) to the victim as if he was the Defendant’s cream card, and concluded that the Defendant would purchase a stone.

However, in fact, the defendant was not the owner or the legitimate holder of the above physical card, and even if he purchased the above he did not have the intention or ability to pay the price.

The Defendant had the victim pay 1,346,00 won for the above physical card, and then had the victim receive a counter-fluence amounting to 1,346,00 won at the market price from the victim. However, the Defendant attempted to deliver a counter-fluence amounting to 1,346,00 won after receiving the phone of the card company.

Accordingly, the defendant, by deceiving the victim, received property from the victim, but did not commit an attempted crime.

4. A violation of the Specialized Credit Financial Business Act;

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