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(영문) 서울남부지방법원 2019.08.13 2019고단724
사기등
Text

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

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

Reasons

Punishment of the crime

1. Around 12:00 on January 14, 2019, the Defendant: (a) obtained a copy of the corporate bank cream card (credit number C) owned by the victim B, which was lost within the dorodoro 40, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; and (b) carried the victim’s thought to have without taking measures, such as returning it to the victim.

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

2. On January 14, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased DNA tobacco 1 A at the Eve stores located on the first floor of Yeongdeungpo-gu Seoul Metropolitan City D underground, Yeongdeungpo-gu, Seoul; (b) deceiving the victim by presenting the e-mail card acquired as stated in the above paragraph (1) to employees in the name of the victim, and settling the 4,500 won of the goods by deceiving the victim by presenting the e-mail to employees in the name of the victim; and (c) from around that time to around 16:53 of the same day, the Defendant settled the total amount of KRW 10,200 over four occasions, such as the list of crimes (1)

Accordingly, the defendant, by deceiving the victims, acquired property equivalent to the market value of 10,200 won, and used lost debit cards.

3. On January 14, 2019, the Defendant violated the Computer, etc. Fraud and the Specialized Credit Financial Business Act: (a) around 13:09, the Defendant paid the subway fare in the doro basin located in dorororo-ro 40, Yeongdeungpo-gu Seoul Metropolitan Government, and (b) entered the relevant information, such as the card number, etc., recorded on the said card without authority, by means of contact with the subway fare terminal, which is an information processing unit managed by the Seoul Transport Corporation, as described in the above paragraph (1), and then paid KRW 1,250, and received the subway service from around that time until January 11:38, 2019, paid the service fee of KRW 6,650,000 in total five times in total, as shown in the list of crimes (2).

Accordingly, the defendant entered information without authority into the information processing device and acquired the 6,650 won proprietary benefits, and used lost debit cards.

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