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(영문) 대구지방법원 서부지원 2019.08.28 2018고단763
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On February 26, 2018, the Defendant embezzled the property equivalent to KRW 60,000 in total market value, including one resident registration certificate of the market value, E-credit card 1, E-mail card 1, IBK credit card 1, IBK credit card 1, IBK card 40,000 won, by failing to take necessary procedures for return, such as returning it to the victim or reporting it to the police.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On February 26, 2018, the Defendant purchased tobacco 1 A from the victim and calculated the price of KRW 4,500 from the victim’s convenience store in the “H” of the victim G management in the Seogu-gu Daegu-gu, Daegu-gu, and had the victim pay KRW 4,500 by the said credit card, as described in paragraph (1), while driving the E-credit card under the name of the victim as if the Defendant was the Defendant’s credit card.

B. On February 26, 2018, at the “K” operated by the victim J in Daegu-gu, Daegu-gu, on February 26, 2018, the Defendant: (a) via L, an employee, 1stal, 1stal, 1stal, 1stal, 1stal, 1stal, 1stal, 1stal, 1stal, 200.

In the calculation of 21,600 won for purchase of 1 soldier, 3 soldier's disease, 3 soldier's disease, and 11,600 won for tobacco, the credit card acquired under the name of D as described in paragraph (1) was carried out as if the defendant was the credit card of the defendant, and it was caused the victim to pay 21,600 won by the above credit card.

Accordingly, the Defendant illegally used the E-credit card in the name of D which was stolen twice through the above two times, and acquired and fraudulently acquired the financial profits equivalent to the sum of 21,600 won.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. G and L respective statements

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