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(영문) 서울북부지방법원 2016.09.23 2016고단1630
사기등
Text

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

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

Reasons

Punishment of the crime

1. On December 15, 2015, the Defendant stolen KRW 150,000 in cash, which the victim C was under the influence of alcohol, on the part of the Defendant’s house located in Jung-gu Seoul, Jung-gu, Seoul, 1201 Dong 1008.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On December 15, 2015, at around 00:37, the Defendant: (a) completed the Samsung Card in the name of Samsung F Co., Ltd., Ltd., a company operating the victim E in Seoul, China-gu, and excluded possession without C’s intention; (b) purchased gasoline of an amount equivalent to KRW 50,027, as if the Defendant was the Defendant’s credit card; and (c) purchased gasoline of an amount equivalent to KRW 50,027, the market price of KRW 50,027, under the name of the Defendant’s credit card; and (d) removed the victim from paying KRW 50,027, from the damage by deceiving the victim by signing on the sales slip of the cell

B. On December 15, 2015, at around 00:45, the Defendant: (a) completed the KB National Card (Credit Card Number: K) in the name of C, which excluded possession without the intention of C, at a singing club operated by the victim I in Seoul, Jung-gu; (b) presented the said credit card to the employees as if they were the Defendant’s credit cards; and signed the sales slip; and (c) subsequently, the Defendant acquired economic benefits by avoiding payment of the amount of KRW 390,000,000 at the market price, even after receiving the payment from the employee, and used the stolen credit card.

(c)

On December 15, 2015, the Defendant received a horse service equivalent to KRW 140,00,00 at the Nma of the victim M operation in Jung-gu Seoul Metropolitan Government L and excluded possession to employees without C’s intention, as if the Defendant was the Defendant’s credit card, followed the KB national card (K) in the name of C, and submitted the said credit card to employees, and signed the said credit card on the sales slip, and then exempted the employees from payment of the same amount of KRW 140,000 at the market price.

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