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(영문) 대전지방법원 천안지원 2015.08.21 2015고정305

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. Around 02:00 on January 28, 2012, the Defendant and B obtained a driver’s license on January 28, 2012, including one driver’s license, one Samsung Credit Card, one Saemaul Credit Card, one non-ficial card, etc., and carried out necessary procedures, such as returning it to the victim.

As a result, the defendant and B embezzled the property that has ceased to possess the victim in collusion.

2. Around 04:20 on January 28, 2012, the Defendant and B conspired to possess gasoline in the Friju station located in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, and presented that the Defendant had completed the card as if it were the Defendant’s card, and then, he was paid a gasoline amounting to KRW 119,00 from an employee under his name and received the gasoline amounting to KRW 119,00, and acquired the same amount of proprietary benefits by settling it with the said non-specific card, as indicated in the attached list of crimes, and acquired the financial benefits equivalent to KRW 5,681,00 in total by settling it with the said non-credit card more than 13 times.

3. Around 04:20 on January 28, 2012, the Defendant and B in collusion with the Defendant in violation of the Specialized Credit Financial Business Act used the said visa card more than 13 times in total, as indicated in the attached list of crimes, which used gasoline in the Fju station located in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Chungcheongnam-gu.

Summary of Evidence

1. Statement of each police interrogation protocol on the accused and B;

1. Statement made by the police in relation to G and D;

1. Application of Acts and subordinate statutes of the Korea Trade Approval Inquiry Agency;

1. Relevant legal provisions for facts constituting an offense, Articles 360(1) and 30 of the Criminal Act, Articles 360(1) and 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 30(1) of the Criminal Act, Article 30 of the Criminal Act, the selection of fines;

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

1. Detention at a workhouse;