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(영문) 서울중앙지방법원 2013.09.26 2013고단4181
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On May 27, 2010, the Defendant was sentenced to one year and six months from the Seoul Central District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the above sentence on October 15, 201. On August 8, 2013, the Seoul Central District Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and confirmed on August 17, 2013.

【Criminal Facts】

1. Crimes by using a credit card in the name of C or smartphone;

A. A. On December 14, 2012, the Defendant violated the Fraud and Specialized Credit Financial Business Act (1) at the F convenience store located in Jung-gu Seoul Special Metropolitan City E-gu, where the victim D was operated on December 14, 2012, offered C’s credit card to the employees in the name of the said business, while purchasing tobacco and beverages, and had the said employees pay the price.

However, around 00:40 on December 14, 2012, the credit card in the name of the defendant C was stolen by the defendant in the electric vehicle operating subway 2 lines of subway 2 lines located in Jung-gu, Seoul, Jung-gu, Seoul, which was located in 89-1. Notwithstanding the fact that the defendant was unable to pay the normal price by using the above credit card, he was found to be the legitimate holder of the above credit card.

The Defendant, as such, by deceiving the above employee, received the above goods equivalent to KRW 8,000 from the victim-owned employee, and used stolen credit cards.

(2) On December 14, 2012, the Defendant issued a credit card in the name-based cafeteria located in Jung-gu Seoul Special Metropolitan City, which was operated by the Victim G on December 14, 2012, to the employees in the name-based service after ordering food, and had the said employee pay the price.

The Defendant, as such, by deceiving the above employee, received the above food of 8,000 won at the market price of the victim’s possession from the employee, and used stolen credit cards.

(b).

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