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(영문) 수원지방법원 2018.11.23 2018고정1136

사기등

Text

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

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

Reasons

Punishment of the crime

1. On October 1, 2017, the Defendant, while driving a D taxi, found one credit card (F) in the victim’s name, which was lost by the victim E, while he/she was on the part of the Defendant, at around 00:20 to 01:21, the Defendant acquired one copy of the Samsung Card (F) in the victim’s name.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled it on his own idea.

2. On October 1, 2017, the Defendant violated the Act on Specialized Credit Financial Business: (a) purchased a credit card owned by the victim E, as described in the above paragraph (1) from “H convenience store” located in G on 1:21, 201, and paid KRW 208,00,000; and (b) purchased a vegetable tobacco and so on from “J convenience store” located in G on 01:28, and paid KRW 61,70,00 in total, two times in total, including purchase of vegetable ment, tobacco and soft, and settlement of KRW 61,70,00.

3. The Defendant, as described in the above 2, presented the card of the victimized person to his card-holder “H convenience store” and “J convenience store” and obtained a total of 269,700 won pecuniary benefit.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police for E;

1. Application of internal investigation reports ( investigation into card users), investigation reports (CCTV tracking investigation), CCTV video CD-related Acts and subordinate statutes;

1. Relevant Article 360 of the Criminal Act concerning criminal facts, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 70 (1) 3 (the illegal use of credit card) of the Act on Specialized Financial Business for Credit, Article 347 (1) of the Criminal Act, and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act (the defendant and his defense counsel) of the Provisional Payment Order.