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(영문) 대전지방법원 공주지원 2015.11.10 2015고단302
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On July 26, 2013, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Vice-Support of the Incheon District Court. On May 7, 2014, the Defendant completed the execution of the sentence in the Ansan Prison.

【Criminal Facts】

"2015 Highest 302"

1. On July 21, 2015, the Defendant received food and alcoholic beverages equivalent to KRW 41,000,00, in the “E” restaurant operated by the victim D in Ischeon-si, Leecheon-si, by the victim D.

However, the defendant had no intention or ability to pay the food value from the beginning.

Accordingly, the Defendant did not pay the same amount even though he received alcoholic beverages equivalent to 41,000 won in total from the victim.

2. Around 02:00 on July 22, 2015, the Defendant: (a) obtained one copy of a credit card issued by a new bank in the name of the victim F in the middle-ri-dong community hall located in Leecheon-si, Jungcheon-si; (b) but did not take necessary procedures, such as returning it to the victim; and (c) took the idea of bringing it to him/her.

As a result, the Defendant embezzled the property to deviate from the possession of the victim.

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

A. On July 22, 2015, at around 02:19, the Defendant, at the “I” operated by the G Victim H, purchased rice string and paid the price, and presented a debit card of a new bank owned by the F, which was obtained as above, and led the Defendant to pay KRW 6,200,00 by deceiving the victim as if the Defendant had legitimate authority to use the above debit card, by suggesting the debit card of a new bank owned by the F, which was possessed by the said F.

나. 피고인은 2015. 7. 22. 03:32경 이천시 J에 있는 피해자 K이 운영하는 L에서 소주, 단팥빵, 뫼비우스 담배 1갑을 구입하고 그 대금을 지불하면서 위와 같이 습득한 F 소유의 신한은행 직불카드를 제시하여 마치 피고인이 F인 것처럼 행세하며 위 직불카드를 사용할...

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