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(영문) 부산지방법원 2017.08.09 2017고정501
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Embezzlements of deserted articles in possession;

A. On May 19, 2016, the Defendant, on May 19, 2016, found one copy of the credit card of a bank in the name of the victim D lost on the front day of the “C” located in the Busan Dong-gu, Busan.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. On June 14, 2016, the Defendant, on June 14, 2016, acquired one copy of the bank check in the name of the victim E lost on the front side of the “ Busan Bank,” located in gold-ro 75, Geum-gu, Busan, Pyeong-gu, Busan, with a view to acquiring a new bank check in the name of the victim E.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On May 21, 2016, the Defendant of the Financial Business Act specializing in fraud and credit finance, around 14:28, 2016, at the “G” bank operated by the victim under the name in Busan, Seo-gu, Busan, the Defendant: (a) presented the credit card acquired in the name of D as described in paragraph (1) to the victim as if the Defendant was a legitimate licensee; and (b) made the victim prepare a copy of the card sales slip of KRW 220,000; (c) used the lost credit card by means of signing the Defendant’s signature; (d) received one half-yearly of KRW 220,000 at the market price by deceiving the victim; and (e) paid the amount from that time to June 22:09, 201 through the same method as the list of crimes in the attached Form 13 times.

Accordingly, the defendant, by deceiving victims of his name in distress, received property or pecuniary benefits, and used lost cards.

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