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(영문) 서울남부지방법원 2018.08.30 2018고단1401
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 31, 2014, the Defendant was sentenced to one year and eight months of imprisonment for fraud at the Seoul Southern District Court, and was provisionally released on July 30, 2015 in Seoul Southern District Court from the execution of the sentence. On August 15, 2015, the Defendant was exempted from the execution of the sentence by special amnesty.

1. On December 18, 2017, the Defendant, at around 19:40 on December 18, 2017, acquired a Chapter 1 of the Korean Scze Card (C) owned by the victim who was on the automatic cash payment machine from the Korean bank 365 Comprison located in Geumcheon-gu, Geumcheon-gu, Seoul, in 214, the victim B lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On December 18, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) purchased the F convenience store operated by the victim E in Geumcheon-gu Seoul Metropolitan Government, which is equivalent to KRW 9,000 in total market value of KRW 9,00,00, and (b) purchased the 20 tobacco of “le-fren tobacco” as indicated in the above paragraph (1) as if the Defendant had legitimate right to use, and (c) presented it to the victim and paid the price.

As such, the Defendant, by deceiving the victim, received the said tobacco from the victim, and using the said e-mail card as if he were his own e-mail card over 11 times in total, such as the entry in the list of crimes in the attached Table, and thereby, obtained property or pecuniary benefits equivalent to KRW 89,300 from the victims, and used the lost e-mail card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of B, E, and G;

1. Report on investigation (the details of the use of the cream card that stolen A from the suspected suspect) and the details of the use of the cream card;

1. Investigation report (the counter-investigation of the user of stolen cards) and receipts;

1. A investigation report (Submission of settlement details) and a check card receipt;

1. Previous offense: References to inquiries, such as criminal history, investigation reports (whether such reports are applicable to suspects A, criminal records and repeated crimes);

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