beta
(영문) 서울중앙지방법원 2015.06.10 2015고정1818

사기등

Text

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

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

Reasons

Punishment of the crime

1. From November 19, 2014, the Defendant: (a) around 17:00 on November 17, 2014, the Defendant: (b) placed a wall wall containing KRW 200,000 in cash, the victim D humping in the “C” coffee shop located Seocho-gu Seoul Metropolitan Government; and (c) stolen it by inserting it on a bank, including a corporate bank credit card.

2. Around November 19, 2014, around 18:15, 2014, the Defendant: (a) purchased a stolen credit card from “G clothing store” for the victim F’s operation located in Seocho-gu Seoul Metropolitan Government; (b) presented it to the above F; (c) signed sales slips of KRW 4.9 million; and (d) unlawfully used stolen credit cards by signing sales slips of KRW 4.9 million.

In addition, the defendant, as mentioned above, deceiving the above F as if the defendant was the lawful holder of the above credit card, and then, the defendant was obtained from the above F with the intent of 4.9 million won, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. The police statement of H;

1. Written statement prepared by the F;

1. A photo of a wall which is a damaged object;

1. Details of approval of suspect H settlement cards;

1. Application of the Acts and subordinate statutes to CCTV photographs of suspects;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen credit card), and the choice 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;