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(영문) 광주지방법원 순천지원 2018.02.12 2017고정604
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 3, 2017, the Defendant: (a) obtained a new bank cream card in the name of the victim who was lost by the victim B at an influent place at around 20:20 on September 3, 2017; (b) but did not take necessary procedures, such as returning the said cream card to the victim; and (c) 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 September 3, 2017, the Defendant, even though there was no legitimate authority to use the e-mail card listed in paragraph 1 at an infinite place (hereinafter referred to as “infinite time”) at around 21:01, the Defendant exempted the victim from paying taxi usage fees equivalent to KRW 2,800, by presenting the e-mail card to the victim as if he had legitimate authority to use the e-mail card.

Accordingly, the defendant acquired property benefits from the damaged person and used the lost e-mail card.

B. On September 3, 2017, around 21:38, the Defendant paid the price by presenting the above physical card to the victim as if he did not have a legitimate authority to use the physical card as stated in paragraph (1) in D’ in the “D” in the “D’s name-free person operation of the victim’s name in leisure city C, and received one kin equivalent to KRW 30,000 in the market price, as the Defendant had no legitimate authority to use the physical card.

Accordingly, the defendant acquired the property of the victim, and used the lost e-mail card.

3. On September 6, 2017, the Defendant attempted to pay the price by presenting the above physical card to the victim as if he did not have a legitimate authority to use the physical card as stated in paragraph (1) in the “G convenience store” of the victim F, which is located in E at the time of drinking water around September 6, 2017. However, even though the above physical card was suspended from payment, the Defendant did not have a legitimate authority to use the physical card.

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