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(영문) 서울중앙지방법원 2013.07.26 2012고단7161
사기등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[2012 Highest 7161]

1. From around 00:30 on April 29, 2012 to 01:33, the Defendant: (a) from the front day of the restaurant of “non-permanent” located in Seongbuk-gu Seoul Bomunmundong 5, Seongbuk-gu, Seoul, to the “along public parking lot” located in Guro-gu, 2, 390-42, Guro-gu, Seoul, 201, the Defendant was acting on behalf of the victim C with a gallond D.

The Defendant, while driving on his behalf as above, found the Defendant’s 40,000 won in cash owned by the victim between the driver’s seat and the chief of the steering force of the above vehicle, and found the Defendant’s 20,000 won in the market price of the 20,000 won in the market price, including one copy of the above vehicle’s driver’s seat, resident registration certificate, driver’s license, and welfare card for the disabled, and stolen it.

2. On April 29, 2012, around 05:47 and around 05:53, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) paid food sales slips, and (b) delivered the stolen national card to the victim G while having paid food sales slips as if he/she was the lawful holder; (c) had the victim prepare sales slips; and (d) signed the signature column for sales slips and affixed the stolen credit cards on two occasions; and (e) had the victim obtain food worth KRW 118,00 and KRW 163,000,000 from the victim, respectively.

3. On April 29, 2012, the Defendant attempted to commit fraud and breach of the Specialized Credit Financial Business Act (hereinafter “Specialized Credit Financial Business Act”) using a stolen national card when purchasing oil at the IS station located in Gwanak-gu, Seoul Special Metropolitan City, while using it, and attempted to acquire it by deceiving the victim J, who is an employee, through the market price of KRW 30,000,000, but did not commit an attempted offense on the wind for which the credit card was refused to be approved.

[2013 Height2574]

4. The Defendant: (a) around January 16, 2013, at L restaurants located in Seocho-gu Seoul Metropolitan Government, provided meals, and (b) completed accounting in the account room located near the above restaurant entrance.

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