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(영문) 서울동부지방법원 2017.02.07 2017고정14

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

1. On July 17, 2016, around 10:00, the Defendant stolen the victim’s property by having the victim D in the “C” room located on the first basement B in Gwangjin-gu Seoul Special Metropolitan City, and by taking one 1,100,000 won of the market value, which is the victim’s possession, contained in the PC Nos. 1, 1, 1, 1, 1, 1, and 1,000 won.

2. On July 17, 2016, at around 10:31, the Defendant violated the Act on Financial Business Specializing in Fraud, such as fraud, attempted fraud, and breach of the Act, purchased hand bags equivalent to KRW 5,950 at “F stores located in Gwangjin-gu Seoul Special Metropolitan City,” and, as described in paragraph (1), offered the stolen cke card to an employee in the name of managing the said store as if he/she was a legitimate holder, thereby allowing him/her to settle the purchase price with the said cke card, thereby obtaining pecuniary benefits of KRW 5,950, and using the stolen cke card unlawfully from that time to 20:45 of the same day, from that time, he/she acquired or attempted pecuniary benefits of KRW 87,710 in total over 12 times, and used the stolen cke card unlawfully.

Summary of Evidence

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

1. A written statement of the G production;

1. The application of Acts and subordinate statutes to each domestic transaction approval details, investigation reports (on-site investigation, etc.), investigation reports (specific suspect), investigation reports (related to suspect's card users), investigation reports (related to suspect's card users), and whether to refuse approval of cards;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 329 of the Criminal Act of the choice of punishment (Section 329, the selection of fines), Article 347 (1) of the Criminal Act (the occupation of fraud and the selection of fines), Articles 352 and 347 (1) (the occupation of attempted fraud, the selection of fines) of the Criminal Act, Article 70 (1) 3 (the selection of fines) of the Act on Financial Business Specializing in credit;

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;