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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[2018 Highest 162]
1. On August 27, 2017, from around 19:30 to around 01:30 of the same month, the Defendant: (a) in DPC room located in Songpa-gu Seoul Metropolitan Government from around 19:30 to around 01:30 on August 28, 2017, the Defendant stolen the Victim’s Hyundai Credit Card No. 1, etc., which was placed on his/her book by using the gaps in which surveillance was neglected due to locked by the Victim E; (b) on August 28, 2017, the Defendant violated the Act on Fraudulent and Credit Financial Business. (c) On August 28, 2017, the Defendant demanded the Victim to purchase goods at the convenience store in the operation of the victim’s name and non-sick box in Songpa-
The Defendant, even if using a credit card to pay the price at the time, did not have the intent or ability to actually pay the price, was stolen and possessed as described in paragraph (1) above.
E The present credit card was presented to the victim as if the defendant was a defendant.
Defendant: (a) by deceiving the victim by such means as above; (b) paying KRW 9,800 upon issuance of a pre-sale slip of KRW 9,800 from tin to the victim; and (c) exempted the payment thereof; (c) thereby obtaining economic benefits equivalent to the same amount; and (d) using stolen credit cards; and
9.3. From 13:58 up to 13:58, a sum of 5,690,440 won and used stolen credit cards, such as the list of offenses in the same way.
With regard to the facts charged in the judgment below Nos. 1 and 2, in light of the statements made by the victim E and the Defendant’s investigative agency and the details of card use, etc., the Defendant’s purchase of goods, etc. is apparent after theft of the modern card owned by the victim and then using the stolen modern card as indicated in the separate crime list. As such, this part of the facts charged is revised as indicated in Articles 1 and 2 of the facts charged.
3. The Defendant’s fraud from around 00:37 on December 8, 2017 to around 13:30 on the same day.