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(영문) 수원지방법원 안양지원 2014.11.28 2014고정838

사기미수등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. On May 10, 2014, the Defendant embezzled, on his own initiative, one set of the national cards, foreign exchange cards, oneSK cards, and one lot bus cards, each of which was lost by the victim C (the age of 21) at the entrance of stairs, and instead did not take necessary procedures, such as returning to the victim, and embezzled, on his/her own idea.

2. The Defendant attempted to commit fraud, around May 23, 2014, purchased one DNA tobacco equivalent to KRW 2,000 at the E convenience store located in Ansan-si, Annyang-si, Annyang-si, and the said convenience store employees of the convenience store presented as if the Defendant had a legitimate right to use the Defendant’s national card acquired as described in paragraph 1, but failed to commit an attempted attempt, even though C had a legitimate right to use the same effect as that of the entry in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on the details of card use;

1. Relevant Articles 360(1) and 352 and 347(1) of the Criminal Act concerning the crime (the crime committed through fraud) of the relevant Act;

1. Selection of each alternative fine for punishment;

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;

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