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(영문) 전주지방법원 군산지원 2019.10.23 2019고정67

여신전문금융업법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. From August 10, 2018, around 2:00, the Defendant: (a) brought a new card (credit number E) in which the victim D (V, 49 years of age) was kept in the compromise of a usual ward (hereinafter “BG”) was stolen.

2. On August 10, 2018, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) placed an order for beer and beer alcohol in the “G club” located in the YF on August 10, 2018; (b) ordered the victim H (26 years of age) to present the credit card specified in paragraph (1) that the Defendant stolen in advance; and (c) deceiving the Defendant to pay the amount of KRW 80,000 for liquor payments; (d) obtained financial benefits equivalent to each such amount as paying KRW 380,00 for taxi expenses; and (e) illegally used the stolen credit card in the name of D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement prepared by H;

1. The application of Acts and subordinate statutes to the details of receipt of text messages using card, each investigation report (related to the attachment of screen pictures and video CDs after the closure of the G club CCTV, related to the attachment of sales slips to G club sales slips and the counter-investigation into business owners, and related to the attachment of photographs at the place of keeping

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act selection of punishment, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud, Selection of Fines) and Article 70 (1) 3 of the Specialized Credit Finance Business Act (the illegal use of credit card, the selection of fines)

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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