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(영문) 인천지방법원 2019.01.25 2018고정2696

여신전문금융업법위반등

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. At around 13:00 on August 20, 2018, the Defendant embezzled without following procedures, such as acquiring C cards lost by the victim B in the vicinity of the 309 additional digital group, Geumcheon-gu Seoul, Geumcheon-gu, Seoul, by acquiring 309 additional c cards, and returning them to the victim.

2. On August 20, 2018, the Defendant violated the Fraud and the Specialized Credit Finance Business Act, around 18:57, presented the three cards obtained in the “E” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to an employee who was not in charge of the victim’s name, and settled KRW 5,000. In addition, the Defendant paid the total amount of KRW 83,800 by deceiving the victims five times in total as indicated in the attached crime list, and used the lost credit card unlawfully.

3. On August 22, 2018, the Defendant attempted to purchase goods by presenting the said C Card to an employee in the name of the victim as if he/she was his/her own card, from “G” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and intended to purchase goods, but was confirmed by the card reported on loss, and did not perform such intent.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A survey report (CCTV verification);

1. The application of Acts and subordinate statutes to national newspapers;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the overall use of lost cards), Articles 352 and 347(1) of the Criminal Act (the use of lost cards), the 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 (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 uses another person’s card five times until the use of the card is suspended due to a report on the loss of reason for sentencing, and it has not been paid up to now, but the amount of damage is not a large amount, the sentence of the order shall be imposed in consideration of the fact that it is not the amount