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(영문) 춘천지방법원 원주지원 2017.01.23 2016고정442

사기등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On October 12, 2016, the Defendant, at around 23:40, obtained five total number of physical cards, one credit card, new credit card, NH physical credit card, and workplace corporate credit card in front of D, the victim E (44 years old, female) was stolen.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On October 13, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) committed the Victim G, the Victim G located in F at Won-si, as stated in the foregoing 1. Paragraph (1) at the H music practice place operated by the Defendant, who was in violation of the Act, by deceiving the Victim by means of using the Victim’s Card and paying the said Victim’s fee for singing room amounting to KRW 50,00,00,000, and by presenting it to the said Victim; and (b) used the stolen physical card.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each report on investigation;

1. Occurrence of a crime, such as embezzlement, etc. of deserted articles in possession, and arrest report;

1. Application of each statute on photographs;

1. Article 347 (1) and Article 360 (1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and Article 70 (1) 3 of the Act on Business of Financial Services Specializing in Credit: Selection of fines;

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;