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(영문) 인천지방법원 부천지원 2016.07.07 2016고정290
사기등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant: (a) from September 6, 2014 to around 19:00 to 19:30 on September 6, 2014, the “D main point operated by the Victim C in Yacheon-gu, Ocheon-gu, Ocheon-si; and (b) from the mobile phone case of the victim’s mobile phone where the victim was placed on other customers, one copy of the credit card in the name of E, his/her father.

In other words, they stolen them.

2. Fraud;

A. On September 6, 2014, around 19:37 to 19:44, the Defendant purchased goods equivalent to KRW 140,50,00 in total at the market price, such as gift sheet, tobacco, etc., from the Hacheon-gu, Busan-si, Busan-si, and issued three times the new credit card under the name of E, which was stolen, as described in paragraph 1, and received the said goods from the injured party and acquired them by deception.

B. On September 6, 2014, at around 21:08, the Defendant ordered food equivalent to KRW 9,500,00 of the market value in the “K cafeteria” operated by the Victim J located in Seocheon-gu, Seocheon-gu, Seocheon-si, the Defendant acquired pecuniary benefits by evading payment of the above food value through evading payment by presenting the new credit card in the name of E, as described in paragraph (1), as if it were one having been completed two times, and signing a false signature on the sales slip.

3. The Defendant violated the Act on Financial Business Specializing in Credit, as stated in paragraph 2, unlawfully used the stolen credit cards on five occasions in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and G;

1. A detailed statement of card use;

1. Application of Acts and subordinate statutes of photograph (List 5);

1. Relevant laws concerning facts constituting an offense, Article 329 (Larceny), Article 347 (1) (including fraud and victim) of the Criminal Act, and Article 70 (1) 3 (including unlawful use by credit card and total amount) of the Act on Business Specializing in Credit Business, and each fine;

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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