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(영문) 창원지방법원 마산지원 2014.06.13 2014고정302

사기등

Text

A fine of two million won shall be imposed on a defendant.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 03:30 on January 8, 2014, the Defendant embezzled the stolen stolen property, without following the necessary procedures, such as acquiring a large amount of market price and returning it to the injured party, the Defendant embezzled the stolen property, without following the following procedures: (a) one verification counter-fold box (including one current card, one credit card of new bank, one copy, three credit card of NAC, one credit card of Gyeongnam Bank, one driver’s license, and one resident registration certificate) owned by the stolen victim C.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On January 8, 2014, around 07:14, the Defendant: (a) purchased tobacco at the F convenience point of the Victim E’s Management in Changwon-si, Changwon-si; (b) as if there was a legitimate right to use the credit card (credit card number (credit card number) of a new bank (credit card number (G) acquired as referred to in the preceding paragraph; (c) presented the said credit card; paid the tobacco value; and (d) obtained the amount equivalent to KRW 2,500 of the market value of tobacco from the victim; and acquired it by deception, and used the stolen credit card.

B. On January 8, 2014, around 07:35, the Defendant acquired and acquired pecuniary benefits equivalent to KRW 180,000 from the victim and used stolen credit cards by obtaining the said credit cards from the victim by allowing the victim to produce the said credit cards and pay the massage fee, in the “J” place for the management of H victim I in Changwon-si, Changwon-si, Busan to the extent that the Defendant was aware of the said credit cards, and received the lawful license for the said credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, E, and I;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act concerning criminal facts; Articles 347 (1) and 360 (1) of the Criminal Act; Article 70 (1) 3 of the Specialized Credit Financial Business Act;

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;