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(영문) 서울중앙지방법원 2018.07.12 2018고단3530
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, around May 19, 2018, acquired a new copy of the card owned by the victim E (U.K. nationality and E) owned by the lost victim in the vicinity of the “D convenience store” located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul.

Defendant 1 did not take necessary procedures such as returning a new card obtained as above to the victim, and embezzled the card on his own idea.

2. On May 21, 2018, at around 21:52, the Defendant ordered the Victim G’s “H restaurant” operated by the Victim G in Seocho-gu Seoul Metropolitan Government F to the Defendant’s land opening and air boomed.

However, the defendant did not have the intent or ability to pay the price even if he received food from the injured party, and presented the credit card acquired as stated in the above paragraph 1 as his own act.

The Defendant, as such, by deceiving the victim and being provided food equivalent to KRW 10,00 from the victim, and then, through the same method 19 times from May 24, 2018, the Defendant acquired and acquired property or property gains equivalent to KRW 281,050 in total by using the same method, such as the list of crimes in the attached Form.

3. The Defendant violated the Act on Specialized Credit Financial Business: (a) prepared sales slips of an amount equivalent to KRW 10,000 using the said new card at the same time and place as the foregoing paragraph 2; and (b) delivered it to the said owner; and (c) in this context, from May 24, 2018 to May 24, 2018, the Defendant used the credit card lost by settling the total amount of KRW 281,050 in the same way, such as the list of crimes in attached Form 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement of the I;

1. Application of statutes on records of seizure, lists of seizure, three card receipts, and personal overall transaction details;

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the Act on the Selection of Punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), and Article 70(1) of the Act on the Financial Business Specializing in Credit.

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