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(영문) 부산지방법원 2020.09.17 2020고단2166
사기등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 02:00 on April 19, 2020, the Defendant: (a) embezzled the victim’s previous victim D, who did not take necessary measures, such as satisfing the sewage outlet and satisfing the lost Samsung Credit Card (E) and returning it to the victim; and (b) embezzled the victim’s thought he/she had.

2. On April 19, 2020, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased one copy of the H convenience store operated by the victim G in Busan Jung-gu, Busan, and (b) purchased one set of tobacco 1st, and other 500 type of Samsung Credit Card, as stated in paragraph (1), from the H convenience store operated by the victim G in Busan, Jung-gu; (c) presented that he had a legitimate authority to complete the Samsung Credit Card as stated in paragraph (1) and had the above employees of the above convenience store pay 7,60 won, thereby having the above employees pay 7,600 won, and used the lost credit card

In addition, from around that time to around 15:36 of the same day, the Defendant deceiving each victims about a total of 10 times, and received the total of 578,800 won, and used the lost credit card.

3. On April 20, 2020, the Defendant attempted to receive property by presenting D’s Samsung Credit Card completion as if he had legitimate authority, as stated in paragraph (1), at the J convenience store operated by the victim who was unable to know the name of I in Busan, Busan, on April 13:46, 2020, and she failed to receive property by allowing employees of the above convenience store to settle the price. However, the Defendant failed to accept the credit card approval and failed to achieve such intent.

Summary of Evidence

1. Application of the following Acts and subordinate statutes to the defendant's written statement of his/her legal statement: Investigation report (verification of points of use of the suspect's additional damage card and tracking), receipt of illegal use of credit cards, mobile phone text messages photographs, and dyp CCTV

1. Article 360 of the Criminal Act applicable to the crime and the choice of punishment.

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