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(영문) 인천지방법원 2017.03.31 2016고정3676
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has the ability to distinguish or make decisions with brain dystrophism, delay, liverment, etc. (Grade III).

1. Around June 22, 2016, the Defendant embezzled the property that was occupied by the victim without taking measures, such as returning to the victim one copy of the NH NowC Card (E) that the victim D lost on the front side of Gyeyang-gu Incheon Gyeyang-gu, and then embezzled the property that was lost from the possession of the victim.

2. On June 23, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) around 00:22, at convenience stores of Incheon Gyeyang-gu, Incheon Metropolitan City C and F, the Defendant purchased 10 tobacco equivalent to KRW 4,500 at the market price by presenting and settling the e-mail card lost of the said D to the victim G as the lawful holder; (b) around 01:04, at the same time, the Defendant purchased 3,000 won Kim Gba in the same way as the victim J from the victim J in the same manner; and (c) around 01:20 on the same day, the Defendant purchased 2,70 won tobacco in the sum of the market price from the victim M in the same way as 13,700 won; and (d) acquired e-mail and lost e-mail cards, and used e-mail cards.

3. Joint crimes with N;

A. The Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit Business was to talk about the use of the physical card obtained prior to N, which was to be used as the same, and was issued by the Victim P in the same manner as indicated in paragraph (2) at the Incheon Gyeyang-gu O and F convenience store around June 23, 2016, and at the same time as indicated in paragraph (2) at the victim P in the same manner as indicated in paragraph (2).

Accordingly, the defendant, in collusion with N, acquired three beams of tobacco and used a lost physical card.

B. The Defendant attempted to commit fraud in collusion with N on June 23, 2016, in collusion with the Defendant, as described in paragraph 3-A. A. A. on June 23, 2016, presented the victim S’s husband to Q and R as the above physical card from Incheon Gyeyang-gu, Q and R, and attempted to obtain the above gold sheet from the victim S’s husband, but was not confirmed and settled by theft card.

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