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(영문) 서울남부지방법원 2019.03.29 2018고단5940
사기등
Text

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

Reasons

Punishment of the crime

On August 18, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Intimidation) at the Seoul Southern District Court on August 18, 2016, and completed the execution of the sentence in the Jung-Eup Prison on November 24, 2017.

"2018 Highest 5940"

1. On October 28, 2018, around 15:00 on October 28, 2018, the Defendant, at the entrance of the neighboring oil parking lot for “C” in Guro-gu Seoul Metropolitan Government, did not take necessary procedures, such as discovering one FF credit card in the name of “C” in which the victim D lost, and returning it to the victim.

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

2. The Defendant violated the Fraud and the Specialized Credit Finance Business Act, prior to reporting the loss of the credit card acquired as described in paragraph (1), purchased goods from the gold bank, sold it, and attempt to use money for living expenses and entertainment expenses.

At around 15:31 on the same day, the Defendant purchased gold 1 operated by the Victim H in Guro-gu Seoul Metropolitan Government, a total of 2.5 million won from “I”, and used the said credit card by settling the price of the goods by settling the price of the goods, as if the Defendant had obtained a legitimate right to use the credit card, as described in paragraph (1).

B. At around 15:49 the same day, the Defendant purchased a gold pool of 18.90,000 won in total, and used the above credit card by paying the price of the goods as if the Defendant had a legitimate right to use the said credit card, as described in paragraph (1).

Accordingly, the defendant, by deceiving victims, used another person's credit card which received and lost a total amount of 4.39 billion won.

"2018 Highest 6245" 1.

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