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(영문) 서울남부지방법원 2018.02.23 2017고단6204
사기등
Text

As to the crime of violation of the Act on Specialized Credit Financial Business in the judgment of the defendant, it shall be sentenced to two months of imprisonment and the remaining crimes.

Reasons

Criminal facts

On June 26, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for interference with the performance of public duties at the Seoul Central District Court on October 26, 2015, and was sentenced to a total of one year and eight months of imprisonment with prison labor for a crime of quasi-Robbery, etc. at the same court on November 6, 2015, which became final and conclusive on January 13, 2016, and the said suspended sentence became void upon the final and conclusive judgment, and on September 6, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for interference with the performance of public duties, etc. at the Changwon District Court's Voluntary Branch Branch, and completed the execution of each of the said suspended sentence on November 2

1. On December 5, 2017, the Defendant, within a bus with no known number of the Seoul Songpa-gu Seoul, around 23:00, the Defendant found one of the phone 8 mobile phone units with the victim’s loss and one of the phone 8 mobile phone units with which the victim’s market price cannot be identified, and one of the empty Luxembourg luxs in Samsung Credit Card Co., Ltd., and one of the empty lux 1, in which Samsung Credit Card Co., Ltd. was included.

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.

2. On December 6, 2017, around 03:24, 2017, the Defendant: (a) purchased 1 residues in “F” coffee stores operated by the victim E located in Yeongdeungpo-gu Seoul Metropolitan Government; (b) by deceiving Samsung Credit Card acquired as stated in paragraph (1) by suggesting that he/she has a legitimate right to use his/her credit card; and (c) by deceiving G, a staff member of the said coffee shop, and then, (d) received the said staff’s above Amera coffee from the said staff.

Accordingly, the defendant, by deceiving the victim, received property from the injured party.

3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using a credit card lost by the victim C when purchasing 1 residues of the Amera set at the same date and at the same place as set forth in paragraph 2.

Accordingly, the Defendant used the lost credit card by the injured party.

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