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(영문) 서울북부지방법원 2014.03.17 2014고정281
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 6, 2012, at around 15:45, the Defendant was requested by the victim to withdraw cash on the ground that: (a) there was a visual impairment prior to the cash withdrawal at the first floor of the C Hospital located in the Seoul Central Bank C Hospital B; (b) it was difficult to withdraw cash from the victim E who was unable to withdraw cash without any other person’s aid; and (c) it was requested by the victim to withdraw cash.

The defendant, upon receiving a request for withdrawal of cash for the victim, withdrawn the cash from the cash withdrawal machine using the above cash withdrawal card of the victim's corporate bank, and did not return the debit card to the victim's intent to use it in the future.

Accordingly, the defendant embezzled the victim's property.

2. On August 6, 2012 and August 21, 2012, the Defendant withdrawn KRW 683,100 in total on three occasions (one time on August 6, 2012, and two times on August 21, 2012) using the cash check card of E, which was obtained under paragraph 1, against the intent of the cash payer manager, the victim, at the cash withdrawal machine of Korea located within the first floor D convenience point of the C Hospital located in Jung-gu Seoul Metropolitan Government.

Accordingly, the defendant stolen the victim's property.

3. From August 6, 2012 to August 7, 2012, the Defendant: (a) presented the E’s e-mail card, as stated in paragraph (1), to the employees of the above convenience store at the first floor D convenience store underground located in Jung-gu Seoul Metropolitan Government, Seoul, as if he/she was his/her e-mail card; and (b) had the e-mail card purchased from the said employees four times by purchasing drinking water, etc. or other living things (from August 6, 2012: 4 times (from August 6, 2012: 03; 01:50, August 7, 2012; 01:50, August 7, 2012; 13:54, August 54, 2012; 15:51, August 7, 2012; and (c) exempted the payment of the price.

Accordingly, the defendant deceivings others, thereby acquiring property benefits from the victim's above convenience store business owner.

4. The Defendant for a violation of the Specialized Credit Financial Business Act shall use 4 times a corporate bank check that is the debit card embezzled as described in paragraph (1) at the time and place mentioned in paragraph (3).

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