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(영문) 서울남부지방법원 2020.06.12 2020고정272

사기등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On April 11, 2019, the Defendant acquired a copy of the Hyundai Card (E) in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with which the victim C lost.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

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

A. On April 11, 2019, around 18:31, 2019, the Defendant purchased goods equivalent to KRW 1,500 from “H” of the victim G operation located in Yeongdeungpo-gu Seoul Metropolitan Government F, and had the victim pay the said amount by suggesting that he/she was a legitimate holder, thereby acquiring economic benefits and using lost credit cards.

B. On April 11, 2019, around 18:34, 2019, the Defendant purchased 32,000 won or more at a restaurant called “K” in the Yeongdeungpo-gu Seoul Metropolitan Government Operation of the Victim J, and had the victim pay the above amount by suggesting that he/she is a legitimate holder, and used the lost credit card.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and J;

1. Application of the Investigation Report (No. 2) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act that selects punishment (the embezzlement of stolen articles), Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit cards) and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.