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(영문) 부산지방법원 2013.04.11 2012고정5731
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on February 15, 2013 (2012No3480) and the same year.

2. 23. The above judgment was finalized.

On March 23, 2012, at around 10:10, the Defendant: (a) transferred the taxi fee to D while boarding a private taxi operated by D; and (b) delivered D a page stating the Defendant’s contact information, etc. to D while leaving the said taxi, the Defendant taken up one modern card in the name of D, which was being kept next to the said taxi driver.

1 Dog Fraud and Violation of Specialized Credit Financial Business Act

A. On March 23, 2012, the Defendant: (a) around 10:23, 2012, at the F convenience store located in the Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City; and (b) notwithstanding that there was no special property in the name of the Defendant and there was no intent or ability to pay the price even if tobacco was purchased due to the lack of a certain import, the Defendant received tobacco 1 A from the victim G, the owner of the above convenience store; (b) as if the Defendant was said D, the Defendant had the victim prepare a credit card sales slip by presenting the said credit card in the name of the said D, and then issued it to the victim

Accordingly, the Defendant used the stolen credit card as above, and received from the victim a tobacco amounting to KRW 2,100 at the market price.

B. On March 23, 2012, around 11:10 on March 23, 2012, the Defendant purchased one clock at “H” stores in the department stores located in the Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City, and then he purchased one clock to employees I.

In the same manner as described in paragraph (1), the credit card in the above D name was presented to the said I to prepare a credit card sales slip, signed the member signature column and issued it to the said I.

Accordingly, the Defendant uses the stolen credit card as above, i.e., the name that belongs to the seat cannot be known.

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