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(영문) 서울중앙지방법원 2020.05.13 2020고단1110
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On December 7, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on December 7, 2018, and on December 15, 2019, the Defendant completed the execution of the sentence in the original prison.

【Criminal Facts】

1. Around 04:00 on January 12, 2020, the Defendant embezzled the property that was occupied by the victims four times in total, as shown in the attached Table 1, from the same method until February 6, 2020, without following necessary procedures, such as acquiring one credit card from the victims owned by the victim D, even though the victim D was returned to the victim, at the front of the door of the C University located in Dongjak-gu Seoul Metropolitan Government, the Defendant embezzled the property that was occupied by the victims four times in total, as shown in the attached Table 1.

2. On January 12, 2020, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased food with a credit card in the name of Korea bank in the name of D obtained as above, such as the above paragraph (1) at the F convenience store located in Dongjak-gu Seoul Metropolitan Government on January 12, 2020; (b) received property equivalent to KRW 16,400 of the market price using the above credit card from February 6, 2020 to February 6, 2020; (c) used the credit card lost on eight occasions in total as shown in [Attachment Table 2] from the same method until February 6, 2020, and received property equivalent to KRW 311,420 by deceiving the victims.

3. On January 12, 2020, the Defendant violated the Computer, etc. Fraud and Specialized Credit Financial Business Act: (a) around 05:50 on January 12, 2020, charged the PC usage fee using an unmanned information device (the name “KIKO”) installed at the seat of the IP operated by the victim H and the third floor of the Dongjak-gu Seoul Metropolitan Government; (b) and (c) recognized the credit card obtained as above in the above paragraph (1) on the above unmanned information device; and (d) paid 5,000 won from that time by the same method by dividing the fare charging sum into the above unmanned information device.

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