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(영문) 수원지방법원 안양지원 2017.01.24 2016고단2022
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2016, the Defendant found one of the Samsung Card lost by the victim D in the vicinity of the building in Ansan-si and brought about the Defendant’s intent to use without following the procedure, such as finding and returning it. From around that time to November 6, 2016, the Defendant acquired the victim’s credit card and T-moneoney card, etc. for nine times in total, as shown in the annexed crime list 1, and did not return it.

In this respect, the defendant embezzled the property that has been separated from the occupation of the victims for nine times.

2. On April 26, 2016, around 06:47, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) paid the amount of goods or the amount of subway passengers, etc. using the means of payment made by the Defendant embezzled for 86 times as shown in attached Table 2, including that the Defendant presented the acquired credit card to an employee of the above convenience store, as if the Defendant was a legitimate licensee, and received goods equivalent to KRW 9,000 in the market price, by presenting it to an employee of the above convenience store as if he was a legitimate licensee; and (b) paid the amount of goods or the amount of subway passengers, etc. using the means of payment made by the Defendant

Accordingly, the defendant, through 86 times, was provided with goods or services equivalent to 94,450 won in total by deceiving employees of the convenience store, subway station manager, etc., and the owner of each payment means lost credit cards and debit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, D, I, J, K, L, M, and N;

1. Each internal investigation report (Attachment of card sales slips and telephone communications forO other party);

1. Search and seizure inspection warrant and reply;

1. Inquiries into information on the members of the Ethys;

1. Details of transactions of new cards;

1. A detailed statement of trading satis cards;

1. Details of card transactions;

1. Inquiries about the details of traffic use of post-paid cards;

1. Each card slip;

1. Photographs of text messages of credit card transactions;

1. Each photograph (the card details used by the suspected person, seized articles, and the victim;

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