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(영문) 수원지방법원 2014.04.02 2013고단6382

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who works as a dysa at a coffee specialty store.

1. Around August 2013, the Defendant embezzled a lost possession on his/her own idea, without following prescribed procedures, such as returning the victim Samsung Credit Card (Credit Card Number F) owned by the victim E, the victim E, at the C X-point located in Gangnam-gu Seoul Metropolitan Government on his/her own, at the time of his/her possession.

2. From August 23, 2013 to October 7, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act, by using a credit card lost by settling KRW 1,260,026 in total 87 times from August 23, 2013 to paying KRW 560,60 as stated in paragraph (1), and by deceiving the victims, the Defendant was using a credit card lost by settling KRW 1,260,026 on a total sum of 87 occasions as stated in the list of crimes, and obtained property or property benefits by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each card use statement;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen objects), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of an lost credit card) and the choice of fines (the payment of both the reflect of the accused, the fact that the victim E and the amount of the credit card paid in full);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;