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(영문) 광주지방법원 2013.10.02 2013고단3858

사기등

Text

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

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

Reasons

Punishment of the crime

Defendant,

1. Around 05:00 on June 11, 2013, at the entrance of the D convenience store located in Gwangju-gu, Gwangju-gu, found a new card owned by the victim E, which is far away from the floor, and did not follow necessary procedures, such as returning it to the victim, and embezzled him/her on his/her own idea, without following necessary procedures;

2. From 05:28 to 05:41 on the same day, in order to purchase a total of 389,350 won of the market price of tobacco, beverage, etc. at the convenience stores listed in paragraph (1), a credit card acquired, as stated in paragraph (1), was presented to employees F as if he/she was a legitimate holder, and used a credit card lost by settling 389,350 won of the total price for six occasions;

3. As if the credit card lost in E in the same manner as stated in paragraph 2 was used by the Defendant at the time, place, and in the same manner as stated in the same paragraph, the payment of the price of the goods was made by using the same as it was used by the Defendant, and it was obtained from the victim and obtained the goods in the aggregate of KRW 3

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E’s written petition;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act that provides for the choice of fines (elective of fines), Article 70(1)3 of the Specialized Credit Financial Business Act (comprehensively: Selection of fines), and Article 347(1) of the Criminal Act (comprehensively: Selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of each crime is aggregated);

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;