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(영문) 부산지방법원 서부지원 2018.06.20 2017고정192

사기등

Text

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

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

Reasons

Punishment of the crime

1. On March 8, 2017, the Defendant embezzled, even though he/she acquired a chapter 1 of the Busan Bank BC credit card (E), a victim who lost D, in front of his/her store located in Geum-gu, Busan on March 8, 2017, without undergoing necessary procedures, such as returning it to the victim.

2. On March 9, 2017, around 03:37, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) presented the amount of the said credit card to the Defendant as the legitimate holder of the Busan Bank BC credit card, which is the victim-owned by the victim, who purchased goods and whose name is unknown at the G convenience store located in F of the Busan Geum-gu, Busan; and (b) had the victim pay 2,900 won of the goods by the said credit card; and (c) had the victim pay 2,90 won of the goods with the said credit card.

From that time to 08:19 on the same day, the Defendant acquired a total of 637,910 won and used lost credit cards by the same method over 33 times, as shown in the list of offenses.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification and attachment of photographs and transaction specifications);

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 (1) of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 347 (1) of the Criminal Act (the fraud point), Article 70 (1) 3 (the use of credit cards) of the Act on Specialized Financial Business, and the selection 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;