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(영문) 서울중앙지방법원 2017.09.21 2017고단5233
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Crimes related to credit cards owned by victims C;

A. From around 00:00 to around 04:00 on February 27, 2017, the Defendant thief was 408 heading rooms of “E” located in Gangnam-gu Seoul Metropolitan Government D, with the victim C, who drinks alcohol together with the victim C, and the victim was under the influence of alcohol, thiefing the wall equivalent to KRW 70,00 in the market price where the victim’s modern card, which includes one copy, identification card, etc., was located in the victim’s bank.

In other words, the victim's property was stolen.

B. On February 27, 2017, when calculating the drinking value at the place indicated in paragraph (1) around 05:15 on February 27, 2017, the Defendant: (a) presented a stolen modern card as stated in paragraph (1) to the victim F, who is the head of the business division operating the said entertainment store, as if he/she had been duly granted a right to use the stolen modern card; (b) had the said F pay KRW 2.95 million on the same day; (c) had the said F settle a settlement of KRW 6.9 million on the same day; and (d) had the said F settle a settlement of KRW 6.9 million on the same day, the Defendant obtained economic benefits equivalent to the said amount by receiving alcoholic beverages, alcoholic beverages, and entertainment reception services, and used the same credit card.

2. On March 5, 2017, from around 20:00 to around 13:00 the following day, the Defendant was provided with alcohol, alcoholic beverage, and entertainment entertainment entertainment room services, as if he were to pay the price to the victim F, who is the head of the said entertainment shop.

However, the defendant did not have the intent and ability to pay the price even if he was provided with the above liquor from the injured party.

Nevertheless, the defendant acquired financial benefits equivalent to the same amount due to the failure to receive alcoholic beverages equivalent to the total amount of KRW 6050,000,000 from the victims of the above day-to-day disaster and to pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Details of card transactions, payment records of modern cards, and settlement letters;

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;

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