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(영문) 서울중앙지방법원 2020.04.08 2019고정1410
사기등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On October 17, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for larceny at the Seoul Northern District Court on June 25, 2019, and the said judgment became final and conclusive on October 25, 2019. On November 18, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for larceny and six months of November 26, 2019.

【Criminal Facts】

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her defense right, the facts charged are recognized as criminal facts.

1. The Defendant, when making a request for refund at a new storage store, did not confirm the new storages contained in the stuff, but rather recognized the bar code attached on the booms surface and caused a refund. Based on the fact that the Defendant, in fact, put the other new storages displayed in a store, other than the new storages purchased by the Defendant, was put into the booms, with the intent to receive a refund by pretending that the new storages he purchased by the Defendant.

On May 26, 2018, the Defendant purchased 104,300 won or more from “C” store located in Pakistan-si, Pakistan-si, and made a false statement to the effect that, around May 27, 2018, the Defendant presented a new e-employee in charge of the victim limited liability company D, and “recognizing the purchase of control products to refund.”

However, in fact, the defendant did not put a sports that he purchased in the above-mentioned box, but did not put the empty stuff in the above-mentioned box, put it into the empty studs and displayed at the same time by using a gap in the surrounding people's negligence, and pretended that it was a sports that he purchased on the preceding day.

As above, the Defendant, by deceiving the victim as above, had the victim cancel the purchase price of 104,300 won by the Defendant’s credit card at the seat, which was paid by the Defendant from the preceding day, thereby acquiring the equivalent pecuniary benefits.

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