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(영문) 서울북부지방법원 2018.08.24 2018고단2477
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Embezzlements of deserted articles in possession;

A. On April 22, 2018, the Defendant found the victim B’s physical fitness card at a place which was not located in the upper Dong-dong, Gangdong-gu Seoul Metropolitan Government.

Defendant 1 did not follow the necessary procedures such as returning the above acquired property to the victim and embezzled as her own idea.

B. On April 30, 2018, the Defendant and E acquired a forum for one card owned by the victim D on the roads near the Seoul Western-gu Seoul Metropolitan Government, and the Defendant received the said one card from E.

Defendant 1 did not follow the necessary procedures such as returning the above acquired property to the victim and embezzled as her own idea.

2. On April 24, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit-Related Business: (a) purchased the Mat, “Mat” operated by the victim G in Seoul, the market price of which is equivalent to KRW 5,500, from the “Mat” operated by the victim G in Seoul, Jung-gu; (b) presented that the Defendant had a legitimate authority to complete the debit card under the name of B entered in paragraph 1 and obtained, and received the said clothes.

In addition, the Defendant purchased goods equivalent to KRW 459,970 in the same manner six times from April 24, 2018 to April 30, 2018, as indicated in the list of annexed crimes, and received a payment by presenting a debit card and a credit card obtained as described in paragraph (1).

Accordingly, the defendant received property from victims by making false statements, and used lost debit cards and credit cards.

3. On April 30, 2018, the Defendant, who attempted to commit fraud, purchased 96,900 won in total from an injured party, whose name is not known in I located in H in Jung-gu Seoul Metropolitan Government on or around April 30, 2018, and completed one card in the name of D, as described in paragraph 1(b), to settle the price.

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