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(영문) 서울북부지방법원 2015.12.29 2015고단3908
사기등
Text

A defendant shall be punished by imprisonment for six 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. On August 23, 2015, at around 02:32, the Defendant discovered that the victim D was under influence of alcohol in front of the “C” convenience store located in Gangnam-gu Seoul Metropolitan Government, and accessed the victim’s convenience store, and then cut off one national card owned by the victim, one resident registration certificate, one resident registration certificate, and one driver’s license, which are equivalent to KRW 50,000,000,000,000,000 won of the market value of the victim.

2. On August 23, 2015, the Defendant violated the Fraudulent and Specialized Credit Financial Business Act: (a) around 03:46, the “G convenience store operated by the Victim F in Dobong-gu Seoul, Seoul; (b) as if the Defendant was the lawful holder of the national card in the name of the victim F, as described in paragraph (1), the Defendant took place as if the Defendant was the lawful holder of the victim’s identity; (c) provided tobacco and call with a sum of KRW 10,900 from the victim; (d) had the victim present the said credit card, and (e) had the victim prepare the sales slip, and sign it in such a way as not

Accordingly, the Defendant, by deceiving the above victim, received property from the victim, and used the stolen credit card.

In addition, from that to August 24, 2015, the Defendant received property or pecuniary benefits of 51,300 won in total on five occasions as stated in the attached list of crimes, and used stolen credit cards.

3. On August 24, 2015, the Defendant attempted to commit fraud at the “J” convenience store operated by the victim I located in Dobong-gu Seoul Metropolitan Government, as described in paragraph (1), and was carried out as the lawful holder of the national card in the name of D, as described in paragraph (1), and was to receive from the victim a total amount of KRW 8,300,00, such as tobacco, etc., and was so attempted that the said credit card was stolen and its payment was not made.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. The statement of the police with K 1.

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