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(영문) 서울남부지방법원 2015.06.22 2015고정313
사기등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 29, 2014, around 18:40 minutes, the Defendant: (a) obtained a new card lost by the victim D on the front side of the Cmate in Gangseo-gu Seoul Metropolitan Government; (b) did not take necessary measures, such as returning the acquired property to the victim; and (c) did so.

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

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

A. On August 29, 2014, at around 18:48, the Defendant purchased Damar Cat, operated by the victim E on the Gangseo-gu Seoul Metropolitan Government B and the first floor, and the Defendant presented D’s credit card to the employees as if the Defendant was the credit card holder, and made payment by presenting D’s credit card to the employees as if the Defendant was the Defendant’s credit card holder, and obtained pecuniary benefits equivalent to KRW 2,300, and used D’s lost credit card.

B. On August 29, 2014, around 18:59, the Defendant calculated the credit value at the H K practice room of the victim G operation in the Gangseo-gu Seoul Metropolitan Government F underground, and paid KRW 1,080,000,000, in total, to the victim G and I, as indicated in the attached crime list, by presenting the credit card acquired by the same method as described in paragraph (1) as one of his own credit cards, and paying the credit value as if he were his own credit card.

Accordingly, the Defendant, as seen above, by deceiving the victim G and I, acquired the financial benefits equivalent to the sum of KRW 1,080,000 from the above victims, and used the credit cards lost by D.

C. On August 29, 2014, around 19:12, the Defendant settled the payment by presenting D’s new card obtained as described in paragraph (1) while purchasing gold papers from “L operated by the victim K in Gangseo-gu Seoul Metropolitan Council.”

Accordingly, the Defendant, by deceiving the victim as above, received a half-yearly amount of KRW 205,00 from the victim, and acquired the same amount of monetary benefits, and lost D.

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