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(영문) 서울서부지방법원 2017.02.10 2016고단4030
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant: (a) around 01:00 on December 16, 2016, at the main point of “D” located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around 01:0,000 won in cash owned by the victim E; (b) KRW 98,000 in cash owned by the victim E; (c) KRW 1,000 in national physical cards; (d) one resident registration certificate; and (e) one resident registration certificate owned by the victim F, carried out locks in the market price where one head of the resident registration certificate owned by the victim E.

Accordingly, the defendant stolen the property owned by the victims.

2. On December 16, 2016, the Defendant: (a) acquired one cell phone of 60,000 U.S. mobile phone valueing to KRW 700,00 in the market price owned by the victim G from the primary point of “D” as indicated in paragraph (1) on December 16, 2016.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

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

A. In fact, the Defendant, despite the fact that he had stolen a national physical card owned by E and acquired it, did not use it as if he had used it, was aware of his intention to avoid paying taxi charges.

On December 16, 2016, at around 05:07, the Defendant presented the above e-mail card to the victim, as if he had been given the legitimate right to use the e-mail card from a taxi operated by the victim in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, and had the victim pay 14,100 won of the taxi fee.

Accordingly, the defendant deceivings the victim to obtain pecuniary benefits equivalent to 14,100 won, and used stolen cream cards.

B. In fact, the Defendant, despite the fact that he stolen a national body card owned by E and acquired it, did not have the right to use it, did so as to avoid paying accommodation expenses by using the same as he did so.

The defendant is Yongsan-gu Seoul Special Metropolitan City around December 16, 2016.

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