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(영문) 서울중앙지방법원 2018.11.02 2018고단5928
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From July 20 to 22:00 on July 20, 2018, the Defendant acquired our credit cards (F) owned by the victim E, which were lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On July 21, 2018, around 11:02, the Defendant violated the Act on Financial Business Specializing in Fraud using computers, etc. and credit finance business: (a) purchased a food ticket at a restaurant within the library of the National Do of the Republic of Korea in 201, according to the distribution of Seocho-gu Seoul, and paid a sum of KRW 318,000,000, in total, from July 23, 2018 to July 08:03, 2018, by inserting the credit card acquired without authority, as described in paragraph 1, at the restaurant within the library of the National Do of the Republic of Korea in Seoul, as the distribution of Seocho-gu in Seocho-gu, Seoul.

As a result, the Defendant obtained a total of 318,00 won property interest through 11 times in total by inputting information without authority in the information processing unit, such as an identification right unmanned machine, and used the lost credit card by another person.

3. On July 23, 2018, around 08:14, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at the J convenience point operated by the victim I located in Seocho-gu Seoul Metropolitan Government, the Defendant purchased tobacco and presented the credit card acquired as stated in paragraph 1 to the victim as if the Defendant had the right to use and had the victim settle KRW 8,200.

Accordingly, the Defendant, by deceiving the victim, received property equivalent to KRW 8,200, and used the credit card lost by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. A written statement prepared in I, G, and K;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on credit card sales slips and payment receipts for convenience stores submitted by victims E;

1. Relevant provisions of the Act concerning facts constituting an offense;

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