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(영문) 서울동부지방법원 2016.11.15 2016고정1719

사기등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant: (a) around 20:00 on April 22, 2016, 2016, thiefeded the victim D, who was fluored with the Defendant, in his/her own cash 150,000 won; (b) No. 150,000 won in the market price, which included the No. NA card, modern card, etc., carried out her possession of the Defendant’s cash 250,000 won.

Accordingly, the Defendant stolen property equivalent to 400,000 won in total of the market price owned by the victim.

2. On April 22, 2016, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) on board a taxi that the victim gets on the part of his or her name in an unsound place; (b) presented as if he or she had properly granted a stolen modern card as stated in paragraph (1) to the said victim; and (c) paid taxi charges to the said victim, and used the stolen credit card with the payment of taxi charges equivalent to 15,700 won at the market price of the said victim.

From that time until April 23, 2016, the Defendant: (a) deceiving five victims, etc. in the same manner on a total of five occasions as indicated in the attached Table of Crimes; (b) provided the victims with services equivalent to KRW 101,660; and (c) used stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (the details of use of the victim theft card) Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a 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, and the selection of fines for a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;