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(영문) 서울동부지방법원 2019.01.23 2017고단3319
사기등
Text

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

Reasons

Punishment of the crime

"2017 Highest 3319"

1. The Defendant’s embezzlement of stolen articles that have been occupied: C in Guri-si B on September 8, 2017, around 03:30

In the Chapter, the victims discovered the lost E- Card and did not take necessary measures such as returning the card to the victim, and embezzled the assets that were lost from the possession of the victim.

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

A. On September 8, 2017, at G convenience stores located in Gangdong-gu Seoul Metropolitan Government, the Defendant: (a) presented to the operator of the victim’s name as if the Defendant was aware of the purchase of tobacco, etc. at G convenience stores in Gangdong-gu, Seoul; and (b) used the lost credit card to acquire and use property benefits by paying KRW 4,500 as if the Defendant had completed the card as stated in paragraph (1).

B. On September 8, 2017, around 05:34, the Defendant ordered alcohol, etc. at the I week located in Gangdong-gu Seoul Metropolitan Government H, and then paid KRW 200,000 with the D Card, thereby acquiring economic benefits and using the lost credit card.

C. On September 8, 2017, the Defendant purchased tobacco, etc. at the K convenience store located in Gangdong-gu Seoul Metropolitan Government J on September 8, 2017, and paid 4,500 won with the said D’s card, thereby acquiring economic benefits and using the lost credit card.

"2018 Highest 3798"

1. On September 30, 2018, the Defendant embezzled property that was occupied by the victim without taking necessary measures, such as discovering one credit card card from an O bank lost by the victim N and returning it to the victim, in front of the entrance of an entertainment drinking club, “M” in the Guluri City L, and then embezzled the property that was occupied by the victim.

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

A. On September 30, 2018, the Defendant: (a) purchased Q convenience points in P on P on September 30, 2018; (b) settled by the card of 1 paragraph (1); and (c) acquired and used the lost credit card that is equivalent to 4,500 won from the operator of the victim’s name in the name of the victim; and (d) obtained and used the lost non-paid tobacco.

(b).

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