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(영문) 의정부지방법원 2013.11.07 2013고정2321

사기등

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. On April 15, 2013, the Defendant, on April 21, 2013, embezzled in possession, on his/her own initiative, he/she found agricultural cooperatives, new, national physical control cards, cash 30,00 won, and a victim B hackering a victim with an identification card, found them, and then embezzled with his/her intent to acquire them without following necessary procedures, such as returning them to the victim or reporting them to the police station.

2. On April 15, 2013, the Defendant: (a) sold 138,900 won in total using the physical card in his/her name from his/her own city, i.e., B, the Dock Card, which was acquired as described in the preceding paragraph, to his/her own card, as if he/she were his/her card; and (b) from that time to April 23:45, 2013, the Defendant paid 138,900 won in total by using the physical card in his/her name, such as the physical card in his/her name, from his/her own city, to April 15, 2013.

Accordingly, the defendant used the lost physical card in illegal use by B, and acquired the property amounting to KRW 138,90.

3. On April 15, 2013, the Defendant attempted to acquire pecuniary benefits equivalent to the same amount by presenting B’s e-mail card to business owners G by presenting the e-mail card in the “F” place located in Speaker E at Jung-si on April 23:45, 2013, as if he were one’s own card. However, the Defendant attempted to obtain pecuniary benefits by settling the price equivalent to KRW 270,000, but failed to make a settlement with the theft card.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. The police statement concerning G;

1. Each statement of I, J and K;

1. A report on investigation (a document appended to the victim B).

1. A sales statement;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 347(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 360(1) of the Specialized Credit Finance Business Act, Article 70 of the Specialized Credit Finance Business Act.