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(영문) 대전지방법원 천안지원 2020.04.27 2019고정804

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Athiety around 12:10 on September 30, 2019, the Defendant stolen Samsung Credit Card (E) with the victim D as it was on the just organic watch after the victim D completed oil at the Astal station B C C in Asan City.

2. The Defendant violated the Specialized Credit Financial Business Act, including fraud using computers, etc., fraud, fraud, attempted fraud, and attempted fraud, by inserting DNA credit cards, which were stolen as above, into the cellflue gas station, and inputting 50,000 won of gasoline 50,000 won, and by allowing the Defendant’s operator to input information without authority in a computer or any other information processing device, such as a computer, by allowing the Defendant to obtain economic benefits equivalent to 50,000 won, from that time until 14:01 of the same day, from that time, by deceiving three victims by using the said credit card from that date until 14:01 as if the Defendant had a legitimate right to use the said credit card, the Defendant did not have attempted to obtain economic benefits equivalent to 373,00 won in total, using the stolen credit card, and not with the intention of refusing approval by the theft card.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and written confirmations of investigation process in preparation D, H and I;

1. 112 Reporting case management table;

1. Field photographs, etc.;

1. Application of the Acts and subordinate statutes to investigation report (Attachment of a statement of use of Samsung Card under the victim's name);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen debit cards), Article 347-2 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, and selection of fines, respectively;

2. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall apply to concurrent crimes, and the punishment shall be written at least three times per annum of the list of annexed crimes, which are the largest.