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(영문) 전주지방법원 2017.08.10 2016고단2193
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 4, 2016, the Defendant: (a) around 11:30 on the embezzlement of the separated items in possession; (b) on the one hand, from the first floor adjacent to the Jinjin-gu Seoul Special Metropolitan City C building, the victim D lost, the Defendant acquired 15,000 won of the market price at which the victim D lost, 15,000 won was included.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On October 5, 2016, the Defendant: (a) around 22:25 on October 5, 2016, at the F convenience store operated by the victim under the name in Jin-jin-gu, Seoul Special Metropolitan City; (b) presented the e-mail card in the name of the national bank in the name of D as if the legitimate holder was the employee; and (c) had the employee settle the drinking water, etc. equivalent to KRW 9,200 on the said card; and (d) used the lost e-mail card.

B. At around 22:31 on the same day, the Defendant: (a) took place at H points operated by the victim in the name in Yong-gu Seoul Metropolitan City G as the legitimate holder; (b) presented D’s physical fitness card, such as paragraph (1), to an employee in a name-free manner; and (c) had the employee settle 1,800 won with the above card; and (d) used the lost physical fitness card.

3. On October 5, 2016, the Defendant attempted to larceny at the cash withdrawal machine at the point in the Jinjin-gu Seoul Special Metropolitan City, Jinjin-gu, Seoul Special Metropolitan City, 514, where the Defendant had been aware of the unknown name in the name of the 514, and intended to steal the cream card, such as paragraph 1, and then withdraw the chill card, and attempted to steal it. However, the Defendant attempted to do so with the wind that did not withdraw cash due to an error in entry of the password.

Summary of Evidence

1..

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