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(영문) 서울서부지방법원 2012.09.19 2012고단1286
사기등
Text

A defendant shall be punished by imprisonment for one year.

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 03:00 on May 12, 2012, the Defendant embezzled that he/she had on his/her own idea, without following necessary procedures, such as acquiring a credit card of the foreign exchange bank owned by the victim D lost by Mapo-gu Seoul, and returning it to the victim.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On May 12, 2012, around 03:38, 2012, the Defendant entered G Ga dan operated by the victim FF in Mapo-gu Seoul Metropolitan Government, and issued orders for both weeks, and presented the credit card lost as if the Plaintiff were a legitimate holder, and had employees enter the sales slip and sign the sales slip and obtain pecuniary benefits of KRW 200,000, and denied the lost credit card.

B. On May 12, 2012, around 04:40 on May 12, 2012, the Defendant ordered an employee to prepare 60,000 won sales slips at the place indicated in the above paragraph (a), and signed the sales slips to obtain 60,000 won, and used lost credit cards unlawfully.

C. On May 12, 2012, at around 05:08, the Defendant entered an I convenience store operated by a person who has no name in Seodaemun-gu Seoul, Seodaemun-gu (Seoul) and ordered the employee to prepare a sales slip of KRW 2,500 by the same method, signed the sales slip and acquired the pecuniary benefits equivalent to KRW 2,500, and used the lost credit card unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of statutes on details of fraudulent use of credit cards;

1. Relevant legal provisions concerning criminal facts, Articles 347 (1) and 360 (1) of the Criminal Act of the choice of criminal punishment, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended execution is erroneous in Article 62(1) of the Criminal Act;

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