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(영문) 수원지방법원 평택지원 2019.06.14 2019고단28
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On April 26, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for robbery and injury at the Changwon District Court on April 26, 2012, and completed the enforcement of the said sentence on May 19, 2017.

【Criminal Facts】

"2019 Highest 28"

1. A thief: (a) around 15:00 on May 15, 2018, at the “C” restaurant located in Pyeongtaek-si B; (b) at the victim’s cell phone wallet where the victim D was on the part of the victim’s cell phone gate, he stolen the thief card in the name of E, the parent of the victim’s wife, with one copy of the victim’s cell phone gate.

2. Fraud;

A. On May 15, 2018, around 15:54, the Defendant committed the crime, at around 15:54 May 15, 2018, presented a stolen credit card to the “H” located in Pyeongtaek-si G, such as paragraph (1), to the victim I as if the Defendant was a credit card of the Defendant.

However, the Defendant was not the owner or legitimate holder of the credit card, and there was no intention or ability to pay the purchase price even if the credit card was purchased.

As above, the Defendant, by deceiving the victim, was obtained from the victim, the sum of KRW 1,034,00 at the market price, namely, from the victim, and acquired it by deception.

B. On May 15, 2018, the Defendant, around May 16:11, 2018, presented a stolen credit card as stated in paragraph (1) to the victim L as if the Defendant was the credit card holder of the Defendant, at around 16:11, May 15, 2018.

However, the Defendant was not the owner or legitimate holder of the credit card, and there was no intention or ability to pay the price even if the credit card was purchased.

As above, the Defendant, by deceiving the victim as above, obtained from the victim a gold ban amounting to KRW 720,000 at the market price from the victim.

3. On May 15, 2018, the Defendant attempted to purchase precious metals by presenting the stolen credit card, such as paragraph (1), to the victim as if the Defendant was the credit card holder, at the “Nstore” located on the second floor of Pyeongtaek-si M building, and at around 16:20, the Defendant purchased precious metals.

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