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(영문) 대구지방법원 2014.07.10 2014고정1191

사기등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. A theft: (a) around 18:55 on February 25, 2014, the Defendant stolen, with one debit card of the victim Daegu Bank management, located on a cash payment instrument No. 365cc. 13, the Mearta Center Daegu-dong 88, Seosan-dong, Daegu-dong, Daegu-dong, 365cc. 13.

2. Fraud and the Defendant violated the Specialized Credit Financial Business Act: (a) on February 25, 2014, within the D convenience store operated by the victim C in Daegu-gu, Daegu-gu, Seoul-gu, purchased 1 1 flue tobacco equivalent to 25,00 won at the market price to the victim; (b) as if the victim was the owner of the above debit card, and (c) presented the said card.

The Defendant, by deceiving the victim as such, settled 25,00 won with the above card from the victim, received 1 minute of the above tobacco, and fraudulently used the stolen card.

3. On the same day as the preceding paragraph, the Defendant attempted to commit fraud, around 19:20 days, purchased tobacco equivalent to 50,000 won at the market price from among those who have no business owner’s name in Daegu Jung-gu, Daegu-gu, and completed the purchase of tobacco equivalent to the amount of 50,000 won at the market price, who is the owner of the said card, and attempted to settle the payment of tobacco, but was clearly stated as a loss card, and thus failed

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each statement G and C;

1. A investigation report (the counter-investigation into CCTVs in Daegu Bank) and a investigation report (the counter-investigation into CCTVs in Jeju Part);

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (a point of use of a debit card which is stolen) and the selection of fines for a crime;

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

1. Articles 70 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;