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(영문) 서울남부지방법원 2015.02.12 2014고단4284
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the judgment became final and conclusive on December 19, 2014.

1. On September 27, 2014, at around 14:47, the Defendant: (a) taken aboard a bus No. Cro01 opened in Guro-gu Seoul Metropolitan Government opened, and ever taken one of the cash 9,000 won, which is the victim’s possession of the said bus when the victim D is damaged; (b) obtained a national cumulative check card, one driver’s license, etc.; and (c) did not take necessary procedures such as returning it to the victim; and (d) did not take necessary procedures such as returning it to the victim.

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

2. On September 27, 2014, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased satisfaction from the home board operated by the victim, whose name is unknown prior to the exit No. 2 in Guro-gu Seoul E Station No. 15:06 on September 27, 2014; (b) suggested that the victim had a legitimate right to use the above e-mail card that the victim acquired, such as paragraph (1), and signed the e-mail card for the settlement of the price; and (c) received satisfaction from the victim, namely, from the victim of the e-mail the amount of KRW 5,00,00.

Accordingly, the defendant used lost credit cards and acquired the property of the victim.

3. The Defendant attempted to commit fraud, around September 27, 2014, at the “G” store operated by the victim whose name is unknown in Guro-gu Seoul Metropolitan Government, as if he/she had obtained the victim’s lawful right to use the physical card he/she acquired as in paragraph (1), and the Defendant attempted to obtain the victim’s frying out of the market price of 2,00 won. However, the Defendant did not obtain the settlement approval of the said physical card, and did not commit such attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.

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