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(영문) 서울남부지방법원 2016.12.07 2016고단4809
사기등
Text

A defendant shall be punished by imprisonment for six 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. Larceny;

A. On July 25, 2016, around 23:30 on July 25, 2016, the Defendant: (a) taken off a copy of the KB National Card, which was located in a singinger E owned by the victim E, and stolen the property of the victim.

B. On September 23, 2016, the Defendant, at the main point of “G” located on the F of Geumcheon-gu Seoul Metropolitan Government and the first underground floor of “G” on September 23, 2016, taken off one copy of the KB National Card, which was located in the victim H, who performed drinking together, and stolen the victim’s property.

C. On September 24, 2016, around 00:55, the Defendant, at around J 208 in Geumcheon-gu Seoul Metropolitan Government I, stolen the victim’s property by gallon 3 mobile phones owned by the victim K, one bank credit card, one bank credit card, and one Nonghyup Bank credit card.

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

A. On July 25, 2016, around 23:30 on July 25, 2016, the Defendant: (a) presented the Victim L in Geumcheon-gu Seoul Metropolitan Government (hereinafter “Dnow”) to the victim as if the Defendant was entitled to use the stolen E’s KB national card, such as paragraph (1) to the victim; (b) thereby deceiving the victim to pay KRW 160,000,000; and (c) used the stolen credit card.

B. On July 25, 2016, the Defendant, at around 23:43, at the main point of “O” operated by the victim N in Geumcheon-gu Seoul Metropolitan Government, the Defendant: (a) suggested that the victim was entitled to use the stolen E’s KB national card, such as paragraph (1) to pay the victim KRW 330,000, thereby deceiving the victim; (b) obtained pecuniary benefits equivalent to the above amount by deceiving the victim; and (c) used the stolen credit card.

C. On September 23, 2016, the Defendant: (a) at the main point of “G” operated by the victim P on the F of Geumcheon-gu Seoul Metropolitan Government and the first underground floor on September 23, 2016; (b) presented the victim’s KB national card in the name of H, such as paragraph (1)(b), as if the Defendant used the stolen victim’s right.

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