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(영문) 서울서부지방법원 2019.05.16 2019고단230
사기등
Text

A defendant shall be punished by imprisonment for six 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 230"

1. At around 22:41 on January 1, 2019, the Defendant: (a) stored “D restaurant” located in Mapo-gu Seoul Metropolitan Government; (b) stored the gap outside the restaurant in which surveillance was neglected to smoke by the victim B (the 56-year-old) who is the owner of the said restaurant outside the restaurant; (c) stored one cell line (including mobile phone cases) and one copy of Samsung Telecommunication 9 mobile phone (including mobile phone cases) and one copy of Samsung Telecommunication 3, which is the victim’s market value on the restaurant table, in order to smoke, and stolen it from the restaurant.

2. Fraud, fraud by use of computers, or violation of the Specialized Credit Financial Business Act;

A. In the case of “Dcafeteria,” the Defendant, at the time and time indicated in paragraph (1), committed the “Dcafeteria” operated by the said victim B, as if he would normally pay the food value, and ordered food equivalent to 16,000 won at the market price, such as the net world.

However, even if the above food was delivered, the defendant did not have the intention or ability to pay the food value.

After all, the defendant, by deceiving the victim, obtained food equivalent to 16,000 won from the victim, and obtained it by fraud.

B. On January 1, 2019, the Defendant violated the theft credit card fraud and the Specialized Credit Financial Business Act: (a) committed as if he was the “F club employee” in Seoul E, and was the one with a legitimate right to use the stolen post office credit card, as described in paragraph (1), by deceiving the said employee; (b) purchased one club admission ticket equivalent to KRW 10,000 with the said stolen credit card; (c) from the above date and time to January 2, 2019, the Defendant acquired the above stolen credit card amounting to KRW 150,800 using the said stolen credit card amounting to eight times in total, and used the stolen credit card amounting to KRW 150,800 using the said stolen credit card in the same manner as indicated in the list of crimes.

C. The Defendant is in violation of computer fraud and the Specialized Credit Financial Business Act.

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