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(영문) 서울북부지방법원 2018.01.25 2017고정1930

사기등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around June 17, 2017, the Defendant embezzled up to 04:37, the Defendant: (a) obtained one copy of the Victim B (son, 18 years old) check at the events located in an apartment complex located in the apartment complex via Nowon-gu in Seoul Special Metropolitan City; (b) but did not follow necessary procedures, such as returning it to the victim. (c) On June 17, 2017, the Defendant violated the Act on Specialized in Credit Financial Business and the Defendant embezzled up to 14:50 won, purchasing 3 A tobacco at the D convenience store operated by the victim’s name in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and settled the price of KRW 14,50,00, the Defendant issued the victim’s physical card, with his signature on the sales slip as if he had legitimate authority to use it, and (d) obtained the above goods from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Irregular characters, mers and photographs;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. Article 360(1) of the Criminal Act (a) (a point of embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (a point of fraud), Article 70(1)3 ( point of use of lost cards) of the Act on Financial Business Specializing in Credit, and selection of each fine;

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. A fine of 1.5 million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (The degree of damage to a crime, the age and environment of the defendant, the motive, means and consequence of the crime, as well as the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime);