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(영문) 창원지방법원 마산지원 2013.06.05 2013고단315

사기등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 31, 2013, the Defendant: (a) at the Han Bank Mung-dong, Changwon-si, Changwon-si, Masan-si, one of the 54 cash payment units installed in the victim C, using the crepan in which the victim C was fluor; (b) and (c) by using one of the cash payment units discharged from the victim’s one cash payment unit; and (d) theft, as indicated in the list of crimes, five million won was stolen in total by withdrawing cash using the check card and the above physical card on seven occasions, such as the list of crimes.

2. On March 31, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased skin and fashion, etc. equivalent to KRW 294,00 in the market price at E-store operated by the victim D of the New World Department Store D in Changwon-si, Changwon-si; (b) presented one copy of C’s Han Bank C’s Card Co., Ltd., which stolen as if the Defendant was C, as if the Defendant was the Defendant, and (c) issued 294,000 won card sales slip to the victim and issued 294,000 won card sales slip to the victim; and (d) obtained a stolen debit card by deceiving the victim to pay KRW 294,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on internal investigation (investigation into card users and attaching CCTV photographs);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles 347 (1) and 329 of the Criminal Act concerning facts constituting an offense, Article 70 (1) 3 of the Specialized Credit Financial Business Act (Selection of a fine in consideration of the facts agreed with the victim, reflectivity, etc.);

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 333 (1) of the Criminal Procedure Act for return of victims;