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(영문) 대전지방법원 천안지원 2016.09.23 2016고단1010
사기등
Text

The punishment of the accused shall be five months by imprisonment.

Reasons

Punishment of the crime

1. A defendant in violation of the Act on Financial Business Specializing in thief and credit extension, who had been living together with C at the office of Nam-gu, Nam-gu, 304 at around April 11, 2014, and was living together with C at the office of Nam-gu, Nam-gu, and 304.

C’s our cards are set up in the future.

In other words, after receiving the cash service, the said card was put to return it on the form.

On April 11, 2014, the Defendant posted the above card, which was installed at the Nonghyup-dong, Nam-gu, Seoul Special Metropolitan City, in a cash withdrawal machine installed therein, as seen above, and inputs a total of KRW 1,00,000,000 for the victim’s possession on two occasions by receiving cash services, and then thefting KRW 1,00,000,000 for the victim’s credit card Defendant who lost or stolen C’s credit card to return the credit card under C’s name.

In other words, even if the defendant could not be punished for conviction on the ground that his act constitutes a larceny using the credit card, as long as he used the credit card after excluding possession of C against C’s will, the above credit card constitutes a stolen credit card under Article 70(1)3 of the Act on Specialized Credit Business (see Supreme Court Decision 9Do857 delivered on July 9, 199). The above credit card was used.

2. The Defendant was on April 12, 2014 at around C’s house, and had been in custody of thief on his/her books.

C The cash card of our bank shall be

In other words, after withdrawing cash, the said card was taken to return it to the form.

On April 12, 2014, the Defendant: (a) posted the above card, which was taken out from the south-dong, Nam-gu, Chungcheongnam-gu, Nam-gu, in a cash withdrawal machine installed there; (b) removed KRW 2,500,000 on three occasions by entering the password of the above card, which was known to C while living with C; and (c) stolen KRW 2,50,000,000 owned by the bank of Korea as the victim.

3. The Defendant, on September 4, 2014, is South-dong-gu, Chungcheongnam-gu.

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