beta
(영문) 창원지방법원 2016.06.28 2014고단3046 (2)

사기등

Text

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

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

B on October 25, 2014, around 15:56, 15:56, at the same store of the new bank located in the Busan Northern-gu, Busan-si, the victim C was stolen with one credit card card owned by the victim C, which was located in the cash withdrawal machine due to the gaps of due care due to their customers.

On October 30, 2014, the Defendant, who was aware of the time of birth at the Busan Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

around 13:56 October 30, 2014, the Defendant and B purchased two Obababa, etc. owned by the victim and signed on the sales pre-sale table while doing so as to be a legitimate licensee of the said credit card.

As a result, the Defendant used stolen credit cards in collusion with B in order to avoid paying KRW 3,325,00 of the purchase price by deceiving the victim as above, thereby obtaining pecuniary benefits equivalent to the same amount. In addition, the Defendant used the stolen credit card through the above three times in total as indicated in the attached crime list, and acquired pecuniary benefits equivalent to KRW 3,783,000 from the victims.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. A protocol concerning the examination of the public prosecutor or police officers under B;

1. Statement made by the police against C;

1. Each written statement of G and E prepared;

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

1. Article 347(1) of the Criminal Act applicable to a crime; Article 30 of the Criminal Act; Article 70 (1) 3 of the Financial Business Specializing in Credit, Article 30 of the Criminal Act; Article 30 of the Criminal Act (the use of stolen credit cards) concerning a crime;

1. Selection of each alternative fine for punishment;

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 (2) of the Criminal Act to attract a workhouse.