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(영문) 창원지방법원 통영지원 2016.02.02 2015고정667
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On March 16, 2015, the Defendant: (a) on March 16, 2015, found one of the brupted items 600,000, the victim C owned with a new physical check, etc. containing the victim B’s string card, etc., which was lost by the victim B at a remote location located in ancient-dong.

Defendant 1 did not take necessary procedures such as returning the above 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. Violation of Acts in financial business specializing in fraud and credit finance;

A. On March 16, 2015, the Defendant: (a) purchased C’s 1,400 won of the market price with a new physical card in the name of B acquired, as set forth in paragraph (1), from “E” located in 08:21 on March 16, 2015, to F, an employee, and completed the purchase as if the Defendant was a legitimate user of the said card; (b) however, the Defendant did not have any legitimate authority to use the said card.

The defendant presented the above card to F and caused the F to prepare the sales slips, signed with a false signature, and used the lost debit card, and acquired it by fraud from the damaged E EM business owner with the delivery of the amount equivalent to the market price of KRW 1,400.

B. On March 16, 2015, the Defendant purchased tobacco equivalent to KRW 4,500 at “H convenience store” located in G on March 16, 2015, and used a lost debit card by presenting a new physical card under B, such as the description in paragraph (a), and obtained a tobacco amounting to KRW 4,500 at the market price from the H convenience store business owner of the victimized person.

(c)

On March 16, 2015, the Defendant ordered food equivalent to 12,000 won from the “K cafeteria” operated by the Victim J, located in the city of 12:16 on March 16, 2015, and used the lost debit card by presenting the new physical card under B, as described in paragraph 2(a), and acquired profits equivalent to the same amount from the damaged person.

(d)

On March 16, 2015, the Defendant is located in L at a large time.

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