beta
(영문) 서울북부지방법원 2017.08.21 2017고정1170

사기등

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A. Around October 10, 2016, the Defendant found the victim D (24 taxes, south)’s cash loss KRW 16,000, and the test color white in us’s card (E) around 01:00 on October 10, 2016.

B. Around October 10, 2016, the Defendant embezzled the above-mentioned property by taking necessary procedures, such as returning it to the victim. Around October 10, 2016, the Defendant, who violated the Act on Financial Business Specializing in Fraud and Credit, purchased food, such as Tang Kim F, at H convenience stores operated by G located in Seongbuk-gu Seoul, Seoul, and used the said D card as one of his card, thereby denying the use of the amount of KRW 27,100,00 in total seven times, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of card transactions;

1. Application of each statute on photographs;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the crime of embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the crime of fraud), Article 70(1)3 (the use of lost credit cards) of the Act on Specialized Financial Business, and the selection of fines for each type of fine;

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;