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(영문) 전주지방법원 2019.07.16 2019고정90
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From December 24, 2018 to 09:20 on December 24, 2018, the Defendant: (a) had one Mexico Credit Card owned by the victim D, which was lost.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

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

A. At around 15:03 on the same day, the Defendant: (a) presented the E- card obtained as the victim’s name in the business owner’s name in the business owner’s name while purchasing the cattle at a “F” point located in Seocho-gu Seoul Special Metropolitan City on the same day; (b) took place as if he was a lawful holder of the said credit card; and (c) had the victim pay an amount equivalent to KRW 20,000 won of the said credit card.

Accordingly, the defendant uses the lost credit card and received property by deceiving the victim.

B. At around 15:06 on the same day, the Defendant, at the “H” bank located in Seojin-gu, Seojin-gu, Seojin-gu, Seoul. Around 15:06 on the same day, the Defendant presented the E- card obtained as stated in paragraph (1) to the victim under the name of the business owner, who was not a legitimate holder of the above credit card, and had the victim pay for the amount of KRW 19.50,000 at the value of the said item.

Accordingly, the defendant uses the lost credit card and received property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Report on the occurrence of loss (Embezzlement of lost property);

1. Statement of victim;

1. Investigation report (related to CCTVs and the raising of suspects on the surface of a motor vehicle);

1. Investigation report (specific suspect);

1. Photographs (a photograph such as a suspect card);

1. Investigation reports (verification of suspect's details of use of credit cards);

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