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(영문) 대구지방법원 2020.08.13 2020고정827

사기등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. At around 10:00 on January 23, 2020, the Defendant embezzled a set of soup “C” in Seogugu Seo-gu, Daegu-gu B, where the victim D’s mistake and mistakenly delivered it to the Defendant, and then embezzled it by arbitrarily using it, such as not returning it, and settling the purchase of foodstuffs around that time.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. Fraud against the victim G, and the Defendant in violation of the Specialized Credit Financial Business Act purchased foodstuffs, such as literature, drugs, etc., from the food pipes in the I working for the victim in Daegu North-gu, Daegu-gu, on January 27, 2020, at around 10:25, and received 132,350 won food, etc. by falsely paying the E Bank F&C card, as stated in the above Paragraph (1), by presenting it to the victim as one of his own, and by mistake paying the e bank F&C card, which was acquired by mistake, as stated in the above Paragraph (1).

B. On January 27, 2020, at around 10:37, 2020, the Defendant, who violated the Specialized Credit Financial Business Act, purchased 2 points, such as half-ins, etc. from the “K” bank in the above I, and received 1,910,000 won by unlawfully using the e-mail card that was obtained by mistake by presenting it to the victim as if he had followed the e-mail card, and by inducing the victim to pay half-ins, etc. as stated in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Criminal Complaint (D), each police statement of the case to D, each police statement of the case confirmation center, gold banks and the Kakakao Stockholm dialogue, each written statement (J, G), and each suspect settlement receipt statute;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 4 of the Specialized Credit Financial Business Act (Unlawful Use of Credit Card), Article 360 (1) of the Criminal Act ( point of embezzlement of lost articles), and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.