beta
(영문) 의정부지방법원 2017.08.24 2017고정894

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On December 23, 2016, the Defendant was sentenced to two years of suspended sentence of imprisonment with prison labor for a special intimidation at the Incheon District Court on August 23, 2016 and the judgment became final and conclusive on July 8, 2017.

[Criminal facts]

1. A thief:50 on October 7, 2016, the Defendant: (a) purchased the thief’s check in the name of the victim B, which was located on the cash withdrawal date at the new bank Li Financial Center’s location located at 512-14, Guro-si, Suwon-si; (b) on October 7, 2016, the Defendant committed a theft. (c) On October 18:20, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at the “E” store located in Gui-si, Gui-si, Seoul; (d) purchased the thief’s cell phone in the name of B, as the lawful holder of the thief’s d’E in the name of the victim C, and had the victim pay the thief’s thief amount by presenting the said thief’s thal card to the victim.

Accordingly, the defendant, by deceiving the victim and receiving property, used the stolen body card.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the respective laws and regulations of B and D

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen credit cards), and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;