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(영문) 대전지방법원 2017.02.03 2016고정1394

사기등

Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. The Defendant, from March 5, 2016 to March 23:35, 2016, found one credit card (the Korean Tti Bank) lost by the victim B at a location below the Daejeon-gu Dokdong, Daejeon-dong, Dokdong, Daejeon-dong, Dokdong (the Korean Tti Bank) at around 1:16 on March 7, 2016.

The defendant did not follow necessary procedures such as returning the credit card acquired as above to the victim, but did so.

In this way, the defendant embezzled the property that has escaped from the possession of the victim.

2. On March 5, 2016, the Defendant violated the Act on Specialized Credit Financial Business: (a) paid KRW 4,500 from the victim’s credit card obtained from the above paragraph (a); (b) around Seo-gu Daejeon, Daejeon, the D convenience store to pay KRW 4,500; and (c) paid KRW 3,763,400 on a total of 22 occasions, as in the list of annexed crimes.

3. On March 5, 2016, the Defendant, as if he had completed the credit card of the victim obtained from the above paragraph (a) above, paid KRW 4,500 at the D convenience store and settled KRW 3,763,40 on a total of 22 occasions as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B written statements;

1. A photograph of a written inquiry about the details of approval, a photograph of a course to close a course, hotel lodging card, food possessed by a suspect, and photograph, such as photograph, receipt, or clothes worn by a suspect;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (in the vicinity CCTV analysis and field search investigation), and a report on investigation (in the case ofCCTV image analysis), etc.;

1. Relevant Article 360 of the Criminal Act concerning criminal facts, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 70 (1) 3 of the Act on Business of Financial Services Specializing in Credit (including the violation of the law on credit-based financial business), Article 347 (1) of the Criminal Act (including fraud and fraud, and each member shop owner), 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 provides that a provisional payment order shall be issued.