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(영문) 창원지방법원 통영지원 2016.01.26 2015고정590
사기등
Text

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

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

Reasons

Punishment of the crime

1. On February 12, 2015, the Defendant: (a) committed theft by taking advantage of the gaps in which the victim D was locked in C, a mobile phone owned by the victim; and (b) one copy of the national card at the time of the victim’s possession at the time of 2,00,000 won; and (c) on February 12, 2015, the Defendant committed theft.

A. On February 12, 2015, the Defendant purchased an urban village of an amount equivalent to KRW 8,300, with the national card in D’s name stolen from the victim F, as in the preceding paragraph, at the E convenience store located at around 03:50 on February 12, 2015, and completed the purchase as if the Defendant was a legitimate user of the above national card, but the Defendant did not have a legitimate authority to use the above national card.

The Defendant had the victim prepare the sales slips by presenting the above national card to the victim, and had the victim make a false signature, and used the stolen credit card, and received an urban acceptance equivalent to 8,300 won at the market price from the victim.

B. On February 12, 2015, the Defendant calculated the amount of KRW 66,00 with the national card in the name of D, which was stolen from G in G located in B, around 03:50 on February 12, 2015, as in the preceding paragraph, to the victim H, and the Defendant was committed as if the Defendant was a legitimate user of the above national card, but the Defendant did not have a legitimate right to use the national card.

The Defendant had the victim prepare the sales slips by presenting the above national card to the victim, and had the victim make a false signature, and used the stolen credit card, and acquired economic benefits equivalent to the same amount from the victim.

Summary of Evidence

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

1. Each statement of D, F, and H;

1. Protocol and list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions for facts constituting an offense, Article 329 of the Criminal Act (Section 329 of the Criminal Act), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of stolen credit cards) of the Financial Business Act, and Article 70(1)3 (the use of stolen credit cards) of the Act on Specialized Credit Business, respectively.

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