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(영문) 광주지방법원 2019.05.23 2018고단5249
사기등
Text

A defendant shall be punished by imprisonment for six 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 November 23, 2018, the Defendant, in possession, embezzled a credit card of a new bank owned by the victim C, which was lost, without following necessary procedures, such as obtaining one copy of the credit card from the victim’s new bank owned by the victim C, return it to the victim, reporting it to the police office, etc.

2. On November 23, 2018, the Defendant violated the Fraud and the Specialized Credit Finance Business Act purchased a gold 20 billion won equivalent to the market price of 4,260,000 won at the “F store operated by the victim E” in Gwangju Mine-gu, Gwangju, and used a credit card acquired by having the victim, who is unaware of the circumstances, settle the price of KRW 4,260,000 with the said card by presenting the credit card completion of the acquired C as the legitimate owner as in paragraph (1).

In addition, from the above date to 17:50 on the same day, the Defendant presented the credit card of the new bank C acquired at least four times in total as indicated in the annexed crime list as if he was a legitimate owner, and exercised the credit card. In addition, the Defendant acquired financial benefits equivalent to the total market value of KRW 5,042,00 from the victims or received goods, and used the acquired credit card.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on cards cards;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Finance Business Act (the point of use of lost credit cards) and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The criminal records of the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the nature and risk of each of the crimes of this case, the background of the crimes, the degree of damage to the victims, and whether they are recovered.

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