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(영문) 인천지방법원 2015.10.08 2014고단7946
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 15, 2013, the Defendant was sentenced to one year of imprisonment with prison labor at the Incheon District Court for fraud, etc., and completed the execution of the said sentence on August 15, 2014.

"2014 Highest 7946"

1. On September 12, 2014, the Defendant: (a) on September 12, 2014, at around 00:00, he/she thought that he/she would have his/her possession without following necessary procedures, such as acquiring one credit card from the said victim’s IBK Enterprise Bank, which was lost by the victim E, and returning it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. At around 00:09 on the same day, the Defendant violated the Specialized Credit Financial Business Act (hereinafter “Specialized Credit Financial Business Act”) presented the credit card of the IBK Bank, which he acquired as above, to pay accommodation charge of KRW 25,000 from G located in the Nam-gu Incheon Metropolitan City F, and used the IBK Credit Card Bank lost by E by signing credit card sales slips.

3. The Defendant, at the time, at the place specified in Paragraph 2, obtained pecuniary benefits equivalent to the above accommodation charges by suggesting the said credit card to the victim H, the owner of the said G, as if the Defendant was a legitimate right holder, even though the said credit card was not a credit card of the Defendant, and by settling the amount of KRW 25,000 with the said credit card.

"2015 Highest 4928"

1. At around 01:00 on May 16, 2015, the Defendant, at the vicinity of the Jeju-dong, Nam-gu, Incheon-dong, 235, embezzled the Defendant without following necessary procedures, such as acquiring 6 cards, such as the Agricultural CooperativeBC credit cards, which are owned by the victim I lost, cash equivalent to KRW 140,000, and return 150,000, where the market price for gift certificates are unknown, and instead, without following necessary procedures such as returning the victim, at the risk of the Defendant.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On May 16, 2015, the Defendant’s name at Bupyeong-gu, Incheon, Bupyeong-gu is unknown.

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