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(영문) 의정부지방법원 고양지원 2018.09.20 2018고정588

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

1. On September 25, 2017, the Defendant: (a) obstructed a door on the C cafeteria located on the second floor of the Namdong-gu Incheon Metropolitan City building B; (b) stolen it by having one credit card copy of a national bank owned by the victim D, where the victim D lowers the floor.

2. On September 27, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased from the “G” bank operated by the victim FF in Gyeyang-gu, Gyeyang-gu, Seoyang-gu; and (b) paid the purchase price, the Defendant presented as if the Defendant had had a legitimate right to use the stolen national bank credit card as described in paragraph (1), and signed the sales slip, and then delivered it to the said victim.

As above, the Defendant: (a) by deceiving the victim; and (b) issued a gold sheet of the total market value of KRW 693,000 from the injured party; and (c) used a stolen credit card.

Summary of Evidence

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

1. A written statement of F and D;

1. Application of the provisions of Acts and subordinate statutes to copies of credit card sales slips, 12 copies of CCTV data, 8 copies of CCTV data for crime prevention, records of seizure and list of seized articles, and photographs of seized articles;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts, Article 347 (1) of the Act on the Selection of Punishment, Article 347 (1) of the Criminal Act (the selection of fines), Article 70 (1) 3 (the use of stolen credit cards, the selection of fines) of the Act on Specialized Credit Financial Business, Article 329 of the Criminal Act (the occupation of fines and the selection of fines);

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;