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(영문) 서울중앙지방법원 2018.03.13 2018고정48
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. around 11:00 on October 17, 2017, the Defendant embezzled the property that he/she had in his/her possession, without following necessary procedures, such as returning it to the victim C (the 23-year age), even though he/she acquired a copy of the credit card of one bank lost by the victim C (the 23-year age) in front of the end of Jongno-gu Seoul, Jongno-gu, Seoul.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On October 18, 2017, around 09:30 on October 18, 2017, the Defendant presented the credit card acquired as stated in paragraph (1) to the victim under the name in Dongdaemun-gu Seoul Metropolitan Government “E” as if the victim was a legitimate holder, and instead, purchased hambs equivalent to KRW 7,000 and deceiving the victim by signing on the pre-sale slip.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to KRW 7,00, and used the credit card which was lost.

B. On October 18, 2017, around 10:36, the Defendant presented to the “G” located in Jongno-gu Seoul Metropolitan Government F as if he/she were the lawful holder a credit card acquired as stated in paragraph 1 with respect to the non-named victim, and instead, purchased coffee and bread equivalent to 14,000 won, signed on the sales slips, thereby deceiving the victim.

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to 14,000 won and used the credit card lost.

(c)

On October 18, 2017, at around 11:38, the Defendant presented the credit card acquired as stated in paragraph 1 to the victim’s name in the “I restaurant” located in Jongno-gu Seoul Metropolitan Government H as if he/she was a legitimate holder, and had the victim take meals of an amount equivalent to KRW 8,000, and deceiving the victim by signing his/her signature on the sales slip.

Accordingly, the defendant, by deceiving the victim, acquired the financial benefits equivalent to KRW 8,000 and used the credit card lost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on police investigations and reporting on investigation results, and the application of statutes;

1. Criminal facts;

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