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(영문) 울산지방법원 2016.03.24 2015고정1940
사기등
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 14, 2015, the Defendant acquired one copy of the NongHyup Card in the name of the victim C, who was lost by the victim C at the public parking lot located in Ulsan-gu, Ulsan-gu, Seoul-do.

Defendant 1 embezzled, without going through necessary procedures, such as returning the above acquired property to the victim.

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

2. Fraud;

A. On July 15, 2015, the Defendant, at the E convenience store located in Ulsan-gu, Ulsan-gu around 01:18, the Defendant, as seen in paragraph (1) above, submitted the NongHyup Card, which was acquired, as if it were the Defendant’s credit card, to the victim F, who is an employee, as if it were the Defendant’s credit card, and had the Defendant settle the payment of the amount of KRW 40,000 of DNA tobacco amounting to KRW 40,000 in the market price, and obtained the delivery of 1

B. On July 15, 2015, at H located in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant, as seen in paragraph (1) of the above, presented the NH card, as if the Defendant was a credit card, to I, who is an employee, and had the Defendant settle the payment of the total amount of KRW 93,500,000 of the market price, and acquired it by delivery of one cigarette, etc.

(c)

On July 15, 2015, the Defendant, at K convenience stores located in Ulsan-guJ on July 15, 2015, submitted the NongHyup Card, which was acquired as above, to L, an employee, by deceiving the Defendant’s credit card, as if the Defendant were a credit card, and then acquired it by receiving the above fabrid coffee, etc., by allowing the Defendant to settle the price of fabs and coffee, etc. equivalent to the total market value of 90,200 won.

3. The Defendant violated the Act on Financial Business Specializing in Credit was using credit cards lost by the injured party as stated in each subparagraph of paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Application of each statute of the I, L, and F;

1. Relevant Article 360(1) of the Criminal Act concerning the crime (the embezzlement of possessory items)

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