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(영문) 서울중앙지방법원 2018.10.18 2018고단3728
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 28, 2016, the Defendant embezzled possession separated objects, with the victim C above the unmanned ticket issuance machine at the large-scale waiting room located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 214, and acquired the victim’s welfare card under the victim’s name.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. The Defendant: (a) around 03:40 on May 26, 2018, the Defendant: (b) was in the gallon of Samsung C7 (sale price of KRW 5.30,00) mobile phone at the gallon of Samsung ju (sale price of KRW 5.30,00) and the mobile phone case, which is owned by the victim, who was located far prior to the balloning in the balsium located in the galsium south line of Gangnam-nam bus terminal 194 due to the distribution of new stocks

One of the debit cards has been placed in one chapter.

Accordingly, the defendant stolen the victim's property.

3. On May 26, 2018, the Defendant violated the law related to fraud using computers, etc. and credit finance business: (a) around 05:31, 2018, at the high speed terminal station located in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul Seocho-gu”), one of the DNA names stolen as referred to in the aforementioned paragraph (2) had a debit card and had it in the subway pay system as if he was a legitimate holder; and (b) had it processed information on the settlement of debit cards from that time.

5. By the day of 29.2, the service charges of subways and buses were paid in total 34 times, as shown in the List of Offenses (1).

Accordingly, the defendant acquired economic benefits equivalent to 38,550 won of subway and bus use fees, and used stolen debit cards.

4. On May 26, 2018, the Defendant in violation of the Act on Financial Business Specializing in thief and credit finance business is using one debit card under the name of D, which was stolen, to the vending machine in the name of the victims installed therein, at the Gangnam-nam bus terminal waiting bus terminals under paragraph (2) of the said Article.

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