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(영문) 서울북부지방법원 2017.09.21 2017고정1471

사기등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 22, 2017, the Defendant embezzled, without taking measures, such as acquiring one credit card of one bank in the name of the victim D, which is located far from the floor inside Part C, adjacent to the department store B in Seoul Special Metropolitan City, Nowon-gu, and the front bicycle storage room, and searching for the principal after finding one copy of the male resident registration certificate in the name of the E bank.

2. Around 13:05 on the same day, the Defendant violated the Act on Specialized Credit Financial Business (hereinafter “F Building No. 106”), committed as if he had been given a legitimate right to use the credit card of one bank under the name of the Defendant to the owner of the victim in the name of the victim in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, at the same time, and presented it to the owner of the victim in the name, and received a disturbance equivalent to the market price of KRW 9,800 from the damaged person, and continued to use the said credit card at the “I” convenience store at around 13:13,00 on the same day, and continued to use the said credit card by presenting it in the same way at the “I” store at the same time, and then received money from the damaged person twice, such as calculating the amount of 90,000 won by using the said credit card, and used the credit card to deny another person’s loss on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes on internal investigation reports (credit card users and purchase confirmation);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 (the point of using a lost card) of the Act, Article 360 (1) of the Criminal Act (the point of embezzlement of deserted articles in possession), and the choice of fines, respectively;

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;