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(영문) 서울중앙지방법원 2014.12.04 2014고단7317
절도등
Text

A defendant shall be punished by imprisonment for four months.

except that 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. At around 05:00 on June 3, 2014, the Defendant discovered and stolen the victim E’s national card, which is the victim’s ownership, and one new card, in a “Dcafeteria” operated by the Defendant in Jongno-gu Seoul Metropolitan Government, and the market price of which is unknown.

2. Fraud by using computers, etc. and attempted fraud by using computers, etc.;

A. At around 05:08 on the same day as Paragraph (1) of this Article, the Defendant received food from the victim E-mail, and as seen above, the Defendant collected the victim’s credit card theft from the victim’s credit card in the credit card terminal installed in the said restaurant by putting the credit card in the victim’s name, and then entered 50,000 won into the credit card terminal installed in the said restaurant and made the data processor process without authority, and obtained the same amount of pecuniary profit.

B. At around 07:44, the Defendant’s day as referred to in paragraph (1) is added to “D cafeteria.”

In the same way, it was intended to enter 2,410,00 won in the credit card terminal with the credit card in the name of the victim and settle the account, but the approval was refused, as stated in Nos. 3, 6, and 7 of the List of Crimes, and to enter the information into the information processing device, such as computer and other information processing device without authority, and to obtain a total of KRW 2,44,000 on three occasions, but it did not go through an attempt to obtain a profit of property equivalent to the sum of KRW 2,44,00 for which approval was refused.

3. Around 06:09 on the same day as in paragraph (1) of the same Article, the Defendant purchased foodstuffs, etc. at “G convenience stores” under the former FA-162 of the same Gu, and subsequently acquired goods worth KRW 53,250 in total on three occasions, including, but not limited to, the issuance of foodstuffs equivalent to KRW 5,250 in the market price, by presenting to an employee as if he/she was the credit card holder, as if he/she was the Defendant’s credit card holder.

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