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A defendant shall be punished by imprisonment for one year.
The seized evidence No. 1 (one new physical card) shall be returned to the victim B.
Reasons
Punishment of the crime
The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Suwon District Court on September 15, 2017 and completed the execution of the sentence on February 15, 2018, and on September 5, 2019, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the same court on September 5, 2019 and completed the execution of the sentence on July 5, 2020.
"200 Highest 7120"
1. Around October 3, 2020, the Defendant: (a) found one check of a new bank card lost by the victim E in Seocho-gu Seoul, Seocho-gu, Seoul; (b) but (c) did not take necessary procedures, such as returning it to the victim; and (d) did so.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. On October 3, 2020, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) around 18:29, 2020, at F located in Seocho-gu Seoul Metropolitan City, presented the physical card, such as the statement in paragraph (1), as if he was the Defendant’s ownership; (b) from October 13:57, 2020, the Defendant received from the victim the total amount of KRW 60,410 on a total of 11 occasions, as shown in the list of crimes, from around October 13:57, 2020.
Accordingly, the defendant, by deceiving the victims, received property and used the lost check card.
3. On October 7, 2020, the Defendant, at around 15:53 on October 15, 2020, received orders from the victim H to pay food costs in a normal amount equivalent to 9,000 won in total, as if he did not have the intent or ability to pay meal costs in “G” on the D 2nd floor located in Seocho-gu Seoul Metropolitan Government, Seocho-gu.
Accordingly, the defendant was given property by deceiving the victim.
[200 Highest 7805]
1. On July 18, 2020, the Defendant committed the crime even though he did not have the intent or ability to pay the food at the “J” located in Suwon-si, Suwon-si, Suwon-si, around 14:50 on July 18, 202.