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(영문) 청주지방법원 2020.10.07 2020고정258
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. On September 27, 2019, at around 03:03, the Defendant, at “B,” located in the Cheongbuk-si, Cheongbuk-si, expressed an attitude that he/she would have to pay the amount to the employees of the said gold Exchange, the victim, and that he/she purchased gold scrap equivalent to KRW 7,700,000 at the market price and paid the amount by presenting a new card in the name of C, which was stolen.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim, and uses stolen credit cards.

2. On September 27, 2019, around 03:31, 2019, the Defendant presented a new card under the name of the stolen C when he/she received a horse amounting to KRW 200,000 in the market price.

Accordingly, the defendant acquired property benefits by deceiving the victim, and used stolen credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statement of statement, explanation of photo, application of Acts and subordinate statutes of the police report (F’s inquiry of the owner of the business);

1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act that selects punishment (each fraudulent point, each of the fines is selected), and Article 70(1)3 of the Specialized Credit Financial Business Act (each of the illegal use of credit card and the choice of fines);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) does not seem to be too heavy even if comprehensive consideration of the defendant’s character, conduct, environment, motive, means and consequence of the crime, etc. is considered, and thus, the punishment as set forth in the summary order shall be determined in the same manner as the summary order is issued.

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