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(영문) 서울중앙지방법원 2019.09.03 2018고단6099
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On March 31, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for habitual assault, etc. in Gangnam Branch Branch of the Chuncheon District Court on April 27, 2017, and completed the execution of the sentence on November 8, 2017, and completed the execution of the sentence on January 27, 2018.

1. At around 23:00 on March 20, 2018, the Defendant: (a) abused Samsung Card (the card number E) sent to a Hand phone located in the victim’s home in Jongno-gu Seoul Metropolitan Government, namely, the victim D (64 years of age, inn) and one victim’s day-to-day, who were present at the victim’s house; (b) performed drinking; (c) performed drinking outside the drinking house; and (d) injected the drunk; and (c) cut off the Handphone case in the victim’s home.

2. On March 20, 2018, the Defendant attempted to commit fraud by presenting the stolen credit card of another person, such as paragraph (1), from Jongno-gu Seoul Metropolitan Government F, to the above hotel employee, who is a legitimate holder, and thereby, through settlement of KRW 40,000 of the lodging cost, and by avoiding the payment thereof, but was rejected by the victim on the ground that the victim was under the influence of alcohol, and failed to commit such act.

3. On March 21, 2018, at around 00:05, the Defendant violated the Fraud and the Specialized Credit Finance Business Act (hereinafter “Specialized Credit Financial Business Act”) filed a stolen credit card as described in paragraph (1) with an employee who is the lawful holder of Jongno-gu Seoul Gel to submit it to the said employee who is the victim, and used another person’s credit card, which was stolen, to pay 70,000 won, from that time until 03:20 of the same day, the Defendant used the stolen credit card as described in paragraph (1), which was stolen by presenting the same as the list of crimes, to pay the said amount to the said employee who is the legitimate holder, and, at the same time, acquired the amount of KRW 853,80.

The settlement amount (won) 100:05 Seoul Jongno-gu Seoul Metropolitan Government Lodging expenses 70.0.

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