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Reasons
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(영문) 서울북부지방법원 2014.01.16 2013고정2407
사기등
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Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 7, 2013, the Defendant: (a) obtained a new card, a credit card owned by the victim E, which was owned by the victim, in front of the D Hospital located in Seoul Special Metropolitan City, Nowon-gu; (b) but did not take necessary procedures, such as returning it to the victim; and (c) took the idea that he/she had to have.

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

2. On June 7, 2013, around 15:54, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased at “H” operated by the victim G in Seoul Special Metropolitan City, Nowon-gu, the 320,000 won of the market price and at least 300,000 won of the market price; (b) by presenting a new card in the name of E, as in the above paragraph (1), as if the Defendant was the Defendant’s credit card, and using a credit card, which was delivered and lost each of the above products worth KRW 620,00 from the above victim to the above victim’s credit card; and (c) from around that time to June 7, 2013, the Defendant acquired and used the above several methods as above, 2,174,580 won of property or property gains, and lost the credit card.

3. On June 7, 2013, the Defendant attempted to receive property equivalent to KRW 737,00 from the victim L in Seoul Special Metropolitan City, Nowon-gu, by purchasing one gold sheet equivalent to the market price of KRW 737,000, and presenting one copy of the new card in the name of E, such as the above paragraph (1), as the Defendant’s credit card. However, the Defendant failed to obtain the credit card settlement approval, and failed to achieve that purpose without having obtained the credit card settlement approval.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. N’s protocol of interrogation of the police officer;

1. Statement to E by the police;

1. Investigation report (verification of fraudulent victims and damaged goods);

1. A detailed statement of approval for trading;

1. CCTV-cap photographs;

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