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(영문) 서울동부지방법원 2020.11.10 2020고정462
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On August 3, 2019, at around 09:35, the Defendant stolen, at “C” located in Gwangjin-gu Seoul Special Metropolitan City, one resident registration certificate owned by the victim, including one resident registration certificate, one IBK National Love Card, and one new body check (E), which is located on the victim’s 201 book, the victim D, a customer, was seated.

2. On August 3, 2019, the Defendant acquired financial benefits equivalent to the amount of KRW 16,00 of the bus fee by purchasing a bus ticket at an automatic ticket selling machine without legitimate authority to use a stolen victim’s new check card, such as the aforementioned paragraph (1), from G in Gwangjin-gu Seoul Special Metropolitan City, and by allowing the payment of KRW 16,00 of the bus fee at an automatic ticket selling machine, despite the absence of legitimate authority to use the stolen victim’s new check.

3. Fraud (1) around August 3, 2019, the Defendant: (a) purchased tobacco at the convenience store in the above G “H”; (b) presented it to an employee as if he was the card owned by the Defendant, and paid the price, as if he was the card owned by the Defendant; and (c) obtained the amount equivalent to KRW 9,000 of the market price of tobacco from the said employee, and obtained it by deception.

(2) On August 3, 2019, at around 09:56, the Defendant purchased bags from “I” at the above terminal, and settled the price by presenting it to the employee as if he was the card owned by the Defendant as if he was the card owned by the Defendant, and then obtain from the above employee the amount equivalent to KRW 25,000 of the household market price of KRW 25,00 from the above employee. On the same day, around 10:03 of the same day, the Defendant acquired the stolen “Bave Card” as referred to in paragraph (1) by presenting it to the employee as if he was the card owned by the Defendant, and then acquired it by deceiving it by obtaining the amount from the above employee amounting to KRW 15,00 at Belgium market price of KRW 15,00.

4. The Defendant for a violation of the Specialized Credit Financial Business Act shall be subject to paragraphs (2) and (3) above.

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