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(영문) 서울서부지방법원 2017.11.23 2016고정1330
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

On January 21, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act at the Incheon District Court on January 21, 2015, and the said judgment became final and conclusive on June 2, 2015, and on December 28, 2016, the Seoul Eastern District Court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Seoul East Eastern District Court, and the said judgment became final and conclusive on May 5, 2017.

C around 10:30 on May 1, 2014, around 10:0, in a taxi parked in the vicinity of the “E cafeteria” located in Gangseo-gu Seoul Metropolitan Government D, C paid a taxi fee by purchasing a f-related credit card (G) 1 and a debit card (H) of the Bank of Korea owned by the F, and paying the taxi fee from the F, and then, during the custody of the f-related taxi, the f-related card was delivered to the Defendant at will at the I building of Gangseo-gu Seoul Metropolitan Government on the same day.

On May 1, 2014, at around 13:23, the Defendant purchased sports supplies at K stores operated by the victims in the name of Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government J, and took place as if the legitimate holder of the credit card in the name of F, which was delivered by C, as seen above, purchased goods equivalent to KRW 746,00 from the injured party, and had the injured party prepare the sales slips by presenting the said credit card to the injured party, and signed on the signature column of the sales slips.

Accordingly, the defendant deceivings the victim, received property from the victim, and used the embezzled credit card.

In addition, from that time to May 1, 2014, the Defendant used credit cards and debit cards embezzled on three occasions in total by taking advantage of F’s credit cards and debit cards, as indicated in the list of offenses, and by taking advantage of the aforementioned methods, the Defendant used such deceptive act, and received property equivalent to KRW 1,220,000 from the victims, and used them.

Summary of Evidence

1. Entry of the defendant's partial statement in the first trial record (the purport that the use of card as above is appropriate);

1. Partial statement of the witness C;

1. Statement of the Police Statement against F (No. 2 No. 1) 1.

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