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(영문) 대구지방법원 2019.08.29 2019고정355
사기등
Text

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

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

Reasons

Punishment of the crime

"2019, 355"

1. On November 30, 2016, from around 15:00 to around 15:15 of the same day, the Defendant: (a) boarded a taxi on the number unclaimed seat of the taxi moving from Daegu Dong-gu to D Hospital located in the same Gu C; (b) obtained one copy of the KB credit card owned by the victim E who was on board the said taxi before being lost.

The Defendant did not take necessary procedures, such as returning the 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 November 30, 2016, the Defendant purchased 820,000,000 won or more at the H sales outlet operated by the victim G in Daegu-gu, Daegu-gu, the Defendant purchased the h sales outlet operated by the victim G, and had the employees of the above sales outlet pay the price of the goods with the said card by presenting the KB credit card completion, as described in paragraph (1), as if the Defendant was a child, to I.

Accordingly, the defendant deceivings the above employee, thereby taking the property from the above victim.

3. The Defendant violated the Specialized Credit Financial Business Act, when purchasing goods as described in paragraph (2) at the time and place described in paragraph (2), presented a copy of the KB card lost by E as stated in paragraph (1) as if the Defendant was a person holding the right to use the said card, and had I, an employee of the store listed in paragraph (2), prepare a copy of the credit card sales slip equivalent to KRW 820,000,000, and signed and issued it to the member signature column.

Accordingly, the Defendant used the lost credit card as above.

4. The Defendant attempted to commit fraud, at around 16:40 on November 30, 2016, presented the said victim’s credit card, as described in paragraph (1), at the restaurant operated by the victim K in Daegu-gu, Daegu-gu, by presenting the said victim’s credit card. However, the said card is registered as a theft card and its approval is refused.

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