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(영문) 울산지방법원 2014.5.9.선고 2014고정558 판결

사기,절도

Cases

2014False 558 Fraudulent, thief

Defendant

A, Company Board

Prosecutor

Final police officer (prosecution) and Lee Jin-wheeled (Public Trial)

Imposition of Judgment

May 9, 2014

Text

Defendant shall be punished by a fine of 500,000 won.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

1. The theft:

On July 30, 2013, at around 09: 30, the Defendant discovered one copy of the victim B’s cell phone number 1,300,000 won and one copy of the national bank physical card number 1,30,000 won, which was located far from the taxi platform at the entrance of Ulsan-si to C located in the same Gu.

2. Fraud;

On July 30, 2013: around 10: 10, the Defendant presented to the employees the physical card in the name of B that stolen, as seen above, as if the Defendant was the Defendant’s card, and received food equivalent to KRW 314,670,00 in the market value from the employees, namely, from the employees, even though there was no intent or ability to pay food values.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Records of seizure and the list of seizure;

1. Investigation report (Attachment of a thief card to a detailed statement);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 329 (Bathing) of the Criminal Act, Article 347 (1) of the Criminal Act (the point of fraud), and selection of each fine.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Escoping-coping Does