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(영문) 서울북부지방법원 2017.03.22 2017고단224
사기미수등
Text

A defendant shall be punished by imprisonment for four months.

One copy of the seized Korean card (No. 1) shall be returned to the victim C.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Northern District Court, and the said judgment became final and conclusive on the 11st of the same month.

"2017 Highest 224"

1. On October 30, 2016, the Defendant: (a) on October 30, 2016, up to 22:00, obtained 1 copy of the card D 1 owned by the victim C from the stairs located in a pair of 486-1, Dobong-gu Seoul, Dobong-gu, Seoul; and (b) did not take necessary procedures, such as returning the acquired property to the victim; and (c) carried out the said procedures.

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

2. Attempted fraud;

A. On October 31, 2016, the Defendant, on October 31, 2016, proposed the F convenience store located in Gyeonggi-si, the Government of Gyeonggi-si, with the card obtained as described in paragraph (1) at around 02:53, Oct. 31, 2016, to offer the card to G who is an employee of the Defendant, as if he was the Defendant’s credit card, and intended to purchase goods, such as urban communities worth KRW 8,600 in total, but the said card was already lost or stolen and failed to pay the price of goods.

B. On October 31, 2016, the Defendant, at around 04:28 (i) around October 31, 2016, proposed to the J, an employee of the Defendant, a credit card company, the credit card company, as described in paragraph (1), the number of the credit cards acquired, as described in paragraph (1), from the windowping house of “I” located in the Cheong-si Ha on October 31, 2016, to repay the amount of credit equivalent to KRW 6,000, while presenting it to the J, an employee of the Defendant, as if he was the credit card company. However, the above Korean card was already lost or stolen and failed to pay the credit card

"2017 Highest 508"

1. On November 12, 2016, the Defendant, at around 23:00, embezzled away objects from possession, obtained one copy of the national physical fitness card lost by the Victim K (23 taxes, South, and North) in front of the exit wind of 488 Dobong-ro, Dobong-gu, Seoul, Seoul, and embezzled it on his/her own idea without following necessary procedures, such as returning it to the victim.

2. The Defendant who violated the Act on Financial Business Specializing in Fraud and Credit, is at the M convenience store located in Dobong-gu Seoul Metropolitan City L around November 13, 2016.

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