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(영문) 수원지방법원 2020.02.12 2019고단6161
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence of seizure No. 1 shall be returned to the victim B.

Reasons

Punishment of the crime

[Criminal Justice] On July 14, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court on the part of July 14, 2016 and completed the execution of the sentence on March 8, 2017.

"2019 Highest 6161"

1. Embezzlements of lost possession;

A. On July 20, 2019, the Defendant acquired one physical bank card, which is the victim’s possession, on the way near the arms and salkbal transferdong in the Gyeonggi-si.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

B. At around 06:40 on August 20, 2019, the Defendant acquired one copy of the NH Credit Card No. 3, which was the victim’s property owned by the victim E, on the front day of the YY PY C.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

C. On October 12, 2019, the Defendant, at around 03:00, found 1 copy of the new S20 credit card owned by the victim B, on the top of the G convenience store located in the Gran-si F in Gyeonggi-gu, Gyeonggi-do.

The Defendant did not follow necessary procedures, such as returning the acquired property to the victim, and embezzled the property that he/she had on his/her own mind and left the possession of the victims.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On July 20, 2019, at around 11:03, the Defendant: (a) followed the Kakao Bank Card (J) in the name of the victim C, which was acquired as stated in the above 1’s paragraph (a) from the “Ists” located in Gyeonggi-si, Gyeonggi-si, Gyeonggi-si; (b) induced the victim by presenting it to the victim K as if the Defendant was a legitimate holder of the said card; and (c) was issued from the victim the 4,500 won of the market price.

In this respect, the defendant deceivings the victim to take property.

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