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(영문) 서울남부지방법원 2017.07.06 2017고정614
사기등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around 15:00 to 16:00 on May 16, 2016, the Defendant: (b) committed theft by having one credit card owned by the victim at will, one of the victim’s btel 504, the victim’s btel 504, Yangcheon-gu Seoul, Seoul, with tobacco btel 15:0; (c) in the form of a blurbb

2. On May 16, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased 1 points of each of the D Buildings in Yeongdeungpo-gu Seoul Metropolitan Government and 7-1 story E located on May 16, 2016; and (b) purchased gold stuffs and gold scraps as if he/she had a legitimate right to use; (c) made payment by one of the credit cards of a stolen C, such as paragraph (1), and acquired pecuniary benefits equivalent to KRW 1.2 million in total at the market price; and (d) used stolen credit cards.

3. On May 19, 2016, at around 14:20 on May 19, 2016, the Defendant: (a) taken arbitrarily pictures of G located in Gangseo-gu Seoul Metropolitan Government F; and (b) C’s photograph.

C-owner’s intent to purchase precious metals using the card number and effective term information of Korea’s credit card (H) and the purchase of precious metals as if he/she had any legitimate right to use them, and notified C of the card number and effective term information of Korea’s credit card, thereby making payment through which he/she acquired property profits equivalent to KRW 11.40,000 in total at the market price from May 17, 2016 to May 27, 2016, and acquired property profits equivalent to KRW 7,218,180 in total at the market price using the credit card of Korea from May 17, 2016 to May 27, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The approval details of one card, the application of the laws and regulations on our cards.

1. Relevant Article 329 of the Criminal Act concerning criminal facts; Article 347 (1) of the Criminal Act; Article 70 (1) 3 of the Act concerning credit-based financial business; and selection 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;

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