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(영문) 부산지방법원 2015.10.08 2015고정2752

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 4, 2014, around 05:30, the indictment contains “17:30” written indictment, but in light of the criminal timing, etc. as stated in paragraph (2) of the indictment, it is clear that it is a clerical error in the “05:30”; even if it is corrected ex officio, the applicable provisions do not vary; and the Defendant also stated that the time of crime was around 05:30 in the police investigation process. Thus, even if the Defendant was to be “05:30”, it is not a substantial disadvantage to the Defendant’s right of defense, and thus, it is close ex officio.

In the front of the Busan-gu Busan-gu "C", a copy of the Busan-gu SCC Card, which was lost by the victim D, was embezzled.

2. On April 4, 201, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased two cigarette at the F convenience store located in Busan, Busan, the Defendant used the lost credit card by settling 42,000 won with the said credit card; (b) obtained tobacco equivalent to the said amount by deceiving employees of the above convenience store; and (c) from April 14:58, 201, the Defendant used the credit card which was lost by settling the sum of KRW 193,500 in the said credit card amount by settling the said sum of KRW 193,50 on nine occasions, as indicated in the list of crimes, from April 7, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to the domestic trade approval inquiry, the details of the use of follow-up transportation cards, field maps, electronic data base, CCTV video-recording materials, photographs, internal reports (Attachment of new data), and internal reports (Attachment of response data to a request for the provision of communications data);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit card), and the selection of each fine;

1. The Criminal Act among concurrent crimes.