사기등
Defendant shall be punished by a fine of 1.5 million won.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around August 29, 2020, the Defendant embezzled possession separated objects: (a) around 19:00 on August 29, 202, the Defendant: (b) obtained a copy of the “C” card in the name of the victim D, which was managed by the victim D; and (c) did not take necessary procedures, such as returning the victim to the victim.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. On August 30, 2020, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit Financial Business purchased goods worth KRW 1,004,20,000, total market price of KRW 13 times in total, as stated in the list of crimes in attached Table 1, from around 19:33, 202 to August 31, 202, following the Defendant’s purchase of food equivalent to KRW 45,380 using the above physical card as if the Defendant had a legitimate right to use the physical card in the above E’s name.
Accordingly, the defendant, by deceiving the victims, acquired financial benefits and used the lost check card.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of D and F;
1. Application of Acts and subordinate statutes on the details of card use, text photographs, and clothes purchased by the recipient;
1. Relevant Article 360(1) of the Criminal Act for criminal facts (the embezzlement of possessory items), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 (the point of fraud, including illegal use of credit card, and comprehensive use of credit card) of the Act on Specialized Financial Business, and the selection of each fine for a crime;
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 62(1) of the suspended sentence of the Criminal Act (Article 62(1) of the Criminal Act acknowledges and reflects his/her mistake, and deposit the full amount of damage with the victim as the principal.
In addition, the defendant is unable to engage in income activities for the elderly, and is economical as a recipient of basic living (living, medical care, and housing benefits).