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(영문) 부산지방법원 2015.11.05 2015고정3641

사기등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. At around 22:50 on April 11, 2015, the Defendant embezzled the above victim’s cash 20,000 won, resident registration certificate 1, and 1 copy of the Busan Bank Non-Scke Card, which were owned by the victim D, before the Defendant’s “Ccafeteria” in the operation of the Defendant located in Seo-gu Busan, Busan.

2. At around 22:50 on the same day, the Defendant violated the Specialized Credit Financial Business Act (hereinafter “Specialized Credit Financial Business Act”) used the e-mail card lost by settling KRW 10,000 with the above e-mail card.

3. Violation of the Specialized Credit Financial Business Act and fraud around 22:59 on the same day, the Defendant purchased 30 cremation paper from “G Mart” in the “G Mart,” and acquired 42,000 won by settling the said physical card with the above e-mail card, and acquired e-mail equivalent to the above amount by deceiving a person who was an employee of the company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 360(1) of the Criminal Act that selects punishment (the embezzlement of stolen articles), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit card), Article 347(1) of the Criminal Act (the use of the lost credit card), the 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;