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(영문) 서울남부지방법원 2013.10.14 2013고정2296

사기등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 16, 201, the Defendant: (a) obtained one copy of NHBC credit card and one lot card from which the victim B lost at the crosswalk, which was the NABC credit card, around the front 1668-6, 168-6, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, for the embezzlement of stolen objects.

The Defendant, without taking necessary procedures such as returning the above acquired card to the victim, embezzled the card as he/she had on his/her own mind.

2. Around November 17, 2011, the Defendant violated the Specialized Credit Financial Business Act: (a) purchased goods equivalent to KRW 4,900 at the D convenience store located in Gwanak-gu in Seoul Special Metropolitan City; (b) and (c) illegally used the credit card, such as making an indication and signing of the NHBC credit card, citing the nHC credit card, which was acquired as above, by putting an indication that cannot be identified on the nHC

In addition, the Defendant illegally used credit cards from around 17:08 on November 7, 201 to November 23:48, 201, including the purchase of goods worth a total of 542,550 won, as indicated in the attached list of crimes, as shown in the attached list of crimes.

3. The Defendant, as described in the above paragraph (1), purchased goods using NHBC credit card under the victim B’s name, as described in the above paragraph (2), and purchased goods as indicated in the above paragraph (2) and had nine employees with whom the name of D convenience points could not be known, and had 542,550 won in total once every 11.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. B written statements;

1. A report on occurrence (general);

1. Application of investigation reports (CCTV video screen reading, etc.) and photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 360(1) of the Criminal Act for the crime, the choice of punishment, and the choice of fines, respectively, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (Unlawful Use of Credit Card) and Article 70(1)3 of the Specialized Credit Financial Business Act, and the

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act shall not be less than that of the provisional payment order.