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(영문) 전주지방법원 군산지원 2016.05.04 2016고정52

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On March 18, 2015, the Defendant embezzled a mobile phone case containing a cell phone number on which the victim B lost at the Donsan-si of 895 Won-si and the front side of a university hospital, without following the necessary procedures such as acquiring a new physical card, No. 3, No. 1, Welfare Card for Disabled Persons, and Cash Card No. 1, and return it to the victim.

2. On March 18, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) purchased bread, drinking water, etc. from the operator of the “D convenience store” located in Ysan-si; and (b) paid the price by using the Agricultural Cooperative C Card that he/she acquired.

Accordingly, the Defendant, by deceiving the operator of the above convenience store as the victim, used the lost debit card from around March 28, 2015 to around 69 times, including the use of the lost debit card after receiving the total amount of 4,300 won of the market price from the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. B written statements;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 70(1)3 (the use of lost e-mail card) of the Financial Business Specializing in Credit, Article 347(1) of the Criminal Act, the selection of fines, and the selection of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;