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(영문) 울산지방법원 2014.08.14 2014고단1341

사기등

Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

1. On September 18, 2013, the Defendant: (a) around 23:30 on September 18, 2013, 200, acquired one 50,000 won of cash 33,000 won, military personnel identification card, and agricultural agricultural cooperative non-management card, which was issued by the Victim C, within the B bus operated from Geumpo-dong, Geumpo-gu, Busan to Seosan-si.

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. Around September 19, 2013, the Defendant, in violation of the Specialized Credit Financial Business Act and the Defendant, presented and used the Victim C’s Agricultural Co., Ltd’s Sym Card, when settling the amount of KRW 90,000 for singing use in the singing room operated by the Victim E in Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A list of seizure and a protocol of seizure;

1. Application of investigation reports (victim products and prices), Acts and subordinate statutes;

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

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. In full view of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is erroneous and contradictory to the reasoning, and that it is an initial criminal without criminal records, the amount of damage is minor and the amount of tolerance received from the victim, etc., the punishment as set forth in the order