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(영문) 서울중앙지방법원 2016.04.07 2016고단853
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From November 21, 2015 to “C” located in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendant embezzled, on his/her own idea, without following necessary procedures, such as acquiring a new e-mail card (credit card number: E) owned by the victim D and returning it to the victim, on the front day of the “C” located in Seocho-gu Seoul Metropolitan Government.

2. Violation of Acts in financial business specializing in fraud and credit finance;

A. On November 21, 2015, the Defendant purchased goods equivalent to KRW 15,500 in total market value, such as one, from “H” of the victim G operation in Gangnam-gu Seoul Metropolitan Government, on November 21, 2015, and presented a new physical card owned by D as described in paragraph 1.

However, the defendant did not have the authority to use the above e-mail card because he was not a legitimate holder of the above e-mail card.

Nevertheless, the Defendant committed such act as if he had a legitimate possession of the above physical card, deceiving the victim, and let the victim pay the above amount with the above physical card, and received the delivery of the above goods.

Accordingly, the defendant used the lost debit card of another person and acquired the above goods by fraud.

B. On November 21, 2015, around 03:48, the Defendant issued a new physical card owned by D, as described in paragraph (1), when he/she was provided with a marina service equivalent to KRW 110,000 in the J’s “J” of the Non-Operation of the Victim’s Name in Gangnam-gu Seoul Metropolitan Government.

However, the defendant did not have the authority to use the above e-mail card because he was not a legitimate holder of the above e-mail card.

Nevertheless, the Defendant committed such act as if he had a legitimate possession of the above physical card, and deceiving the victim, and caused the victim to pay the above amount with the above physical card, and acquired the above pecuniary benefits.

Accordingly, the defendant uses the lost debit card of another person.

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