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(영문) 수원지방법원 안양지원 2019.03.12 2018고정444

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A thief, around 02:00 on November 5, 2016, the Defendant: (a) took advantage of the gap in the victim D’s cell phone through Internet hosting in Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, 800,000 won in the market value of the victim’s mobile phone; (b) HyundaiM3 Credit Card 1; (c) Mapo-si; (d) Mapo-si; (d) Mapo-si; (e) Mapo-si; (e) Mapo-si; (e) Mapo-si; (e) Mapo-si; (e) Mapo-si; (e) Mapo-si; and (e) Mapo-si; and (e) Mapo

2. On November 5, 2016, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) had a taxi engineer, on the name of the victim E-si, drive the taxi; (b) provided the said credit card as if the Plaintiff was a legitimate holder of the Hyundai M3 Credit Card; (c) provided the said credit card and paid the taxi fee; and (d) paid the taxi fee, and (c) obtained pecuniary benefits equivalent to KRW 6,480 from the victim.

In addition, from around that time to around 05:00 of the same day, the Defendant deceivings the victims by the same method six times, such as the list of crimes in attached Form 1,38,880, and used stolen credit cards.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of victims of D;

1. Seizure records;

1. Application of Acts and subordinate statutes on credit card receipts used by the suspect;

1. Relevant legal provisions concerning facts constituting an offense, 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 point of using an cut credit card) (the selection of fine)

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;