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(영문) 부산지방법원 2018.02.08 2017고단5628
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 12, 2017, the Defendant: (a) on September 20, 2017, found a victim D who was on board the package of the goods at the “CMat” located in Busan Shipping Daegu; (b) on September 12, 2017, the Defendant acquired a copy of the credit card at the Busan Bank.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

2. On September 12, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 21:24, 2017, the Defendant settled KRW 382,700,000, by presenting the credit card in the name of the Busan Bank, which was acquired, as stated in the above “1” paragraph, to the point where it is impossible to identify the name of the Defendant, when purchasing one, a paper shopping bag, a gift coupon 100,000 won; (b) one, a paper paper shopping bag; and a gift coupon 100,000 won; and (c) the Defendant presented the credit card in the name of the Busan Bank, such as the above “1”, as if the Defendant was the owner of the Defendant.

The defendant deceivings the source of origin in the above manner, and used the lost credit card by receiving property equivalent to the total market value of KRW 382,700 from the point of origin.

3. On September 12, 2017, the Defendant: (a) purchased goods at the F convenience store located in Busan Dong-gu, Busan on September 21, 2017; and (b) suggested that the Defendant had a credit card in the name of Busan City bank, which was acquired as stated in the foregoing “1, as if he were the Defendant owned.”

The defendant deceivings the source of origin in the above manner and attempted to deliver goods from the source of origin, but was refused to approve the card transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigative Report, - CCTV photographs at the site of the purchase of home fluor gift certificates, - text messages on the use of credit cards lost on the victim's cell phones, - Home fluor's purchase receipt;

1.To purchase goods in Category C;

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