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(영문) 인천지방법원 2010.09.15 2010고정3010

사기 등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On January 9, 2009, the Defendant embezzled stolen stolen objects without following the procedures, such as discovering the victim B’s South-North color wall, credit card (on-site card, new card), and debit card (on-site card), and reporting to the nearest police station, etc. before the real market located in the Nam-gu Incheon Metropolitan City.

2. On January 9, 2009, from around 03:48 to 06:04 of the same day, the Defendant: (a) performed as if there were alcohol and alcohol, and (b) issued an order for alcohol and alcohol, etc. by presenting the card acquired as stated in the preceding paragraph to the victim four times as if the card was one’s own credit card.

However, the defendant was not the owner or legitimate holder of the credit card, but did not have the intent or ability to pay the price even if he received an order of alcohol and alcohol.

The Defendant received a total of KRW 1,340,00,00 from the victim four times.

3. The Defendant violated the Specialized Credit Financial Business Act (hereinafter “Specialized Credit Financial Business Act”) presented a credit card at least four times as stated in the above paragraph (2), and signed a sales slip and used the lost credit card.

Summary of Evidence

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

1. Statement of each police statement related to B and D;

1. Application of investigation reports (related to theft cards), investigation reports (related to the details of card transactions), investigation reports (related to the submission of victim's D sales slips), card slips, investigation reports (transmission of details of card transactions), and Acts and subordinate statutes on card slips;

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 360(1) of the Criminal Act, and selection of each fine;

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;