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(영문) 서울북부지방법원 2019.09.20 2019고단1362
사기등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 5 shall be confiscated.

An application for compensation order by an applicant for compensation.

Reasons

Punishment of the crime

[criminal record] On June 5, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence for special larceny in the Gangnam Branch of the Chuncheon District Court, and on November 14, 2012, the suspended sentence was invalidated upon being sentenced to 8 months of imprisonment with prison labor for a violation of the Military Service Act at the Seoul Western District Court on February 1, 2013. On August 26, 2014, the said suspended sentence became final and conclusive, and on August 26, 2014, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor for fraud, etc. and 4 months of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny).

[2019 Highest 1362]

1. At around 08:48 on March 13, 2019, the Defendant discovered at the first floor DPC room under the Seongbuk-gu Seoul Metropolitan Government building C, one of which contains the personal seat of the victim B in cash of KRW 130,000, and a copy of Samsung Card in the name of KRW 100,000 in the market price, and then stolen property worth KRW 543,000 in total by the same method three times during the period from that time until the 27th day of the same month, as shown in the List of Crimes (1).

Accordingly, the defendant stolen the victims' property.

2. On March 13, 2019, the Defendant purchased a reduced drug equivalent to KRW 7,000 in the market price at the F building and G H H H H H H H H H H H H H in Jung-gu, Seoul, and had the victim, whose name the manager is unknown for the payment of the price, present the stolen Samsung Card as if he/she was a legitimate holder, as described in paragraph 1, at least five times in total, from that time until 11:20 of the same day, and exempted the victims from paying the same amount of the price corresponding to the same amount.

Accordingly, the defendant, by deceiving victims, acquired financial benefits and used stolen credit cards.

3...

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