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(영문) 부산지방법원 2015.12.10 2015고단5473
사기등
Text

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

Reasons

Punishment of the crime

1. On June 8, 2015, around 05:25, the Defendant: (a) opened and intruded the visit No. 402, which was not corrected by thefting the things of accommodations, for the victim D or the Fmotour 402 accommodation of the victim E, from June 8, 2015.

2. The Defendant: (a) entered the same date, time, and at the same place as mentioned in Paragraph (1) above; (b) by taking advantage of the gaps of surveillance by the victims, the victims were stolen in such a way as to bring about KRW 600,000 in cash, which is owned by the victim D; (c) one credit card of the victim D bank in the name of the victim D; (d) one of the credit card of the G company bank in the name of G, which is the wife of the said D; and (e) one of the verification colored KRW 300,000 in the market price, which includes one of the above D’s credit cards; and (e)

3. Attempted fraud.

A. On June 8, 2015, at around 05:49, the Defendant attempted to pay KRW 90,000 of the massage cost by presenting a stolen credit card to the victim as if the victim was a legitimate holder, as set forth in paragraph (2), from the I operated by the victim under the name in the Geum-gu, Busan, Geum-gu, Busan, as well as the victim’s name in question. However, the Defendant failed to perform an attempted act by exceeding the limit of the said card.

B. On June 8, 2015, around 07:56, the Defendant, on board a taxi for business use operated by the victim under the name of the victim in the front-gu, Busan Metropolitan City's Hot Spring Zone, tried to pay the 6.300 won of the taxi expense, which was stolen, by presenting the credit card to the victim as if the victim was a legitimate holder, but did not reach an attempted attempt.

4. On June 8, 2015, the Defendant violated the Fraudulent and Specialized Credit Financial Business Act: (a) around 08:51, the Defendant paid KRW 10,00 of the film viewing cost by presenting the credit card of G business bank under the name of G, the wife of which was stolen, as set forth in paragraph (2), to the victim K, operated by the victim K, in Busan Dong-gu, Busan, as the victim, as the lawful holder.

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