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(영문) 창원지방법원 2020.05.13 2020고단761
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Judgment of the court below]

1. Around 22:00 on February 1, 2019, the Defendant: (a) obtained a copy of the fluid card lost by the victim B in India, 19-4, 239-h, a site for the window of Changwon-si; (b) but did not take necessary procedures, such as returning it to the victim; and (c) embezzled the property that left the possession of the victim.

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

A. On February 2, 2019, at around 08:02, the Defendant presented the e-mail card acquired from the window C of Changwon-si, as if the victim D was a legitimate holder, as stated in the above paragraph (1), and had the e-mail card settled KRW 9,000 upon purchasing two tobacco from the victim, thereby having the victim settle the amount of 9,000 won. The Defendant acquired and lost the e-mail card using the e-mail card.

B. On February 2, 2019, around 10:42, at H stores operated by the victim G in Sungwon-si, Sungwon-si, Changwon-si, the Defendant presented that he/she completed the 218,000 cream card, as stated in the above paragraph (1), at H stores operated by the victim G, and had the victim settle 18,000 won from the victim, thereby having the victim settle 18,000 won. The Defendant acquired profits equivalent to the same amount of property, and used the lost cream card.

[200 Highest 1241]

1. Embezzlements of lost possession;

A. On May 9, 2019, the Defendant, at around 21:00, embezzled a new card in the name of the victim, which was lost by the victim J, and an NH NowC card in the name of the victim, without following necessary procedures, such as returning it to the victim, even though he/she acquired a new card in the name of the victim, which was lost by the victim J, in the vicinity of the Sungwon-si I market.

B. On June 15, 2019, around 18:40 on June 15, 2019, the Defendant: (a) obtained a victim’s speech card from the victim who lost L in the vicinity of the K market of Changwon-si; (b) but did not take necessary procedures, such as returning it to the victim; and (c) the Defendant was the victim.

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