beta
(영문) 서울중앙지방법원 2017.06.22 2017고정395

사기등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 공연 음란 피고인은 2016. 4. 30. 07:25 경 서울 동작구 B 아파트 후문 앞길에서 옷을 모두 벗은 채 불특정 다수의 사람이 볼 수 있는 상황에서 그 곳 바닥에 뒹구는 등 공연히 음란한 행위를 하였다.

2. On April 2016, the Defendant embezzled a cream card of a new bank that was lost by the victim C in the influent area of a police officer, and embezzled it with his/her intent to use without taking necessary procedures to return the cream card.

3. On April 20, 2016, at around 22:04, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant took advantage of the victim C’s new bank crow card, such as the former paragraph, and took advantage of the victim C’s new bank cream card when he gets on board a bus at No. 504 in Dongjak-gu Seoul Metropolitan Government Nowon-gu around April 2016. As such, the Defendant took advantage of the victim’s name unwritten name and took advantage of the aforementioned cream card to pay KRW 1,200,00 of the bus bus fee to the bus terminal, as indicated in the list of crimes in the attached Form, and took advantage of the 40,890 won in total, as well as taking advantage of the cream card from April 30, 2016.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions for criminal facts, Article 245 of the Criminal Act of the choice of punishment (the point of obscenity of public performance), Article 360 (1) of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 of the Act on Financial Business Specializing in Credit, Article 70 (1) of the Act (a inclusive, the point of using lost physical cards), and each choice of fines;

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;