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(영문) 부산지방법원 동부지원 2014.04.21 2014고정305
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 15, 2013, the Defendant acquired a new card that was lost by the victim D(34 years of age) on the road in front of the C real estate located in Busan Southern-gu, Busan, around 02:30.

The Defendant did not follow necessary procedures such as returning one card that he acquired as above to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On October 15, 2013, the Defendant, at around 03:19, presented a new card under the name A to an employee of F convenience store in Nam-gu, Busan in order to verify whether the card acquired, as referred to in paragraph (1), was settled normally, at the victim F convenience store in Nam-gu, Busan in order to use 100 won for the card use by presenting the card under the name A to the employee of F convenience store as he was the legitimate licensee;

B. On October 15, 2013:03:21 (a)

b) presented the said new card to the employees of FTS as if they were the legitimate licensee at the location of this subsection, and then acquired the goods of an amount of 7,200 won from the employee and acquired it, acquired it, used the lost credit card;

C. On October 15, 2013, around 03:22

b) presented the said new card to the employees of FTS as if they were the legitimate licensee at the location of this subsection, and then acquired the goods of an amount of 2,100 won from the employee and acquired it, acquired it, used the lost credit card;

D. On October 15, 2013, around 08:56, 2013, the Plaintiff presented the said new card to the employees of Gmate, as if he/she was his/her legitimate right of use, as he/she was the victim Gmate in Nam-gu, Busan, and then acquired the said new card from the employees and acquired it by fraud and used the lost credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 360 of the Criminal Act applicable to the crime and the choice of punishment.

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