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(영문) 서울남부지방법원 2020.03.11 2019고단5645
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On April 18, 2019, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Western District Court, and completed the execution of the sentence on August 25, 2019.

【Criminal Facts】

The defendant is a person who has weak ability to discern things or make decisions due to mental illness, such as stimulative disorder, etc.

1. Around 04:00 on October 29, 2019, the Defendant embezzled the property that he/she had on his/her own idea and has lost without following necessary procedures, such as acquiring one copy of the national patriotism card, the victim B lost, and returning it to the victim, at a place not known to the Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “Seoul Mapo-gu”).

2. From October 30, 2019 to October 13:20, 2019, the Defendant violated the Specialized Credit Financial Business Act: (a) obtained a total of KRW 19,500,00 from the said victim by inputting the card information using the open-end card that is an information processing unit managed by the Seoul Transport Corporation and paying KRW 1,250 for the purpose of boarding the subway despite the absence of the right to use the card in the red-in zone in Mapo-gu Seoul Mapo-gu; (b) from October 12:20, 2019, the Defendant acquired a financial benefit equivalent to the said amount from the said victim, including: (c) from October 30, 2019 to October 13:04, 200, by inputting the card recognition of the opening opening of the information processing unit, or by inputting the card information on B’s vending machines, such as written in the separate crime list.

Accordingly, the defendant acquired property benefits by inputting information into information processing devices without authority, and used lost debit cards.

3. On October 30, 2019, the Defendant, in violation of the Specialized Credit Finance Business Act, acquired tobacco at “D convenience stores” located in Mapo-gu Seoul, Mapo-gu, Seoul, and as described in paragraph (1), to purchase tobacco.

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