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(영문) 청주지방법원 2020.02.26 2019고정870

사기등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. At around 04:00 on July 4, 2019, the Defendant acquired 50,000 won in cash, which was lost by the victim C (year 22, South) on the street in front of the building in Seo-gu, Seo-gu, Seo-gu, Seo-si, Seo-gu, Seo-gu, Seoul, for a driver’s license, one driver’s license, No.C. 1, one national physical fitness card, one sheet of USD 46 ($10,5 USD 4,5 USD 1, one sheet of waste), one sheet of USD 1,1 USD 400,00 in market value.

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

B. The Defendant violated the Fraud and the Specialized Credit Finance Business Act

Around 00:48 on July 5, 2019, using the embezzled C-owned C-C-owned C-C-related C-owned C-related C-owned C-related Card, 3,100 won was settled at E-S-gu, Seowon-si, Cheongju-si, and 4,500 won was settled at the same place around 00:49 on the same day, and at around 00:52 on the same day, 22,00 won was settled in Seo-gu, Seo-gu, Seo-gu, Seo-gu, and 400 won was illegally used four times in total on the same day at around 00:54 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment (the fraud, the selection of fines), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the illegal use of each credit card, the selection of fines), and Article 360 (1) of the Criminal Act (the embezzlement of lost possession, the selection of fines);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of damage, the defendant's age, character and conduct, environment, motive, means, and consequence of the crime, etc. are deemed to have been sentenced to a fine under the summary order, when comprehensively taken into account the circumstances before and after the crime.