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(영문) 창원지방법원 통영지원 2014.09.03 2014고정195

사기등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Defendant

A is a person who operates a C cafeteria in the city B.

On September 25, 2013, the Defendant acquired on September 25, 2013, one credit card card of our bank owned by the victim E, which was lost by the victim E at the time of his/her own possession.

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. Although the Defendant did not have the right to use the credit card in the name of the victim acquired as above in the above paragraph (a), on September 25, 2013, the Defendant paid the sum of KRW 1,000 (653,760 as stated in the indictment) up to eight times until November 14, 2013, from that time as shown in the credit card use log table, and received KRW 497,000 from the credit card company of Korea to pay the said amount, and received goods equivalent to KRW 36,660 from the 36,00,00,000 from the 36,660,00,000, and was issued from the 200,000,000 from the 36,000,000,000 won.

C. The Defendant of the Specialized Credit Financial Business Act, using the credit card in which E lost, used the total amount of KRW 652,860 in eight times, as described in the foregoing sub-paragraph (b) by settling the accounts. (The amount of KRW 653,760 in written indictment seems to be written in writing)

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to file a complaint, details of approval for transactions, and investigation reporting;

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

1. Article 37 of the Criminal Code among concurrent crimes.