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(영문) 수원지방법원 안양지원 2016.02.05 2016고정14

사기등

Text

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

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

Reasons

Punishment of the crime

1. On July 5, 2015, the Defendant embezzled the property that he/she had, while acquiring a new card lost by the victim C in his/her alley near the Gu B during Ansan-si around 19:00, he/she did not take necessary procedures, such as returning it to the victim, and instead embezzled the property that he/she would have, and that he/she would have, have, come to his/her possession.

2. The Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) committed as one’s own act the F’s new card with the victim E of the 19:33 p.m. 19:3 p.m. on the same day; and (b) caused the victim to pay the 180,000 won in advance on two occasions; and (c) by deceiving the victim of the 180,000 won, the 19:33 p.m., the 19:3 p.m., the 19:8 p.m., the 19:8

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. Application of the Acts and subordinate statutes on the cards sales slips;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) of the choice of punishment, Article 367(1) of the Criminal Act, Article 347(1) of the Criminal Act (a point of fraud), Article 70(1)3 (a) of the Act on Financial Business Specializing in Credit Business, and the choice 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 concerning the order of provisional payment;