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(영문) 광주지방법원 순천지원 2014.05.28 2014고단475
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On September 20, 2012, the Defendant was sentenced to four months of imprisonment for fraud, etc. in the pure Branch of the Gwangju District Court on September 20, 2012, and completed the execution of the sentence in the Gwangju Prison on October 5, 2012.

【Criminal Facts】

1. On October 2, 2013, the Defendant embezzled a credit card of a national bank, which was lost by the victim C, without following necessary procedures, such as acquiring a credit card, returning it to the victim, etc., from the roads on which it was held in the net city of 18:00 on October 2, 2013.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On October 4, 2013, around 23:40 on October 4, 2013, the Defendant presented a credit card of the National Bank of C acquired as referred to in the foregoing paragraph (1) to the victim F with tobacco at E-Sacheon-si D located, and that is, it was obtained from the victim the property equivalent to the sum of KRW 5,300,00, such as Atrophical tobacco 2A and one disposable-ro, and acquired it by fraud, and used the credit card which was lost by settling the price with the said credit card.

B. On October 5, 2013, at around 10:40, the Defendant presented the precious metal store operated by the victim H of the first floor of the G building located in the Seo-gu Busan Metropolitan City, to the victim, and presented a credit card of the National Bank of Korea acquired as referred to in the foregoing paragraph (1) to the victim, i.e., from 469,000 won, and acquired it by fraud, and used the credit card lost by paying the price with the said credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, F, and H;

1. Approval and investigation of credit cards;

1. A photograph of a suspect, CCTV on the scene of the crime;

1. Previous convictions in judgment: Criminal records, personal identification and confinement status, application of court rulings and other statutes;

1. A credit card lost under Article 360(1) of the Criminal Act, Article 360(1) of the choice of criminal facts, Article 347(1) of the Criminal Act, and Article 70(1)3 of the Specialized Credit Financial Business Act.

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