logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.06.18 2020고단1333
사기등
Text

A defendant shall be punished by imprisonment for six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

1. At around 21:00 on March 6, 2020, the Defendant: (a) committed theft by taking one copy of the physical bank card owned by the victim, which was placed on the table table, while drinking alcohol with the victim B, who was a customer at the “D” shop located in Young-gu Busan Metropolitan City, Young-do C.

2. On March 6, 2020, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) paid the price of goods equivalent to KRW 77,790,00, in total, from “G” operated by the Victim F in Young-gu Busan Metropolitan City, with the live bank card operated by the victim F, as described in paragraph (1) of this Article, with the live bank card operated by stolen-do B, the market price of which is equivalent to KRW 16,400,000, i.e., the live bank lives, etc., with the live bank card operated by stolen-do B; and

3. By July 3, 200, the above physical card was used over 16 times in total, such as the list of crimes in the annexed list of crimes.

Accordingly, the defendant used the stolen physical card, and obtained financial benefits or received property benefits equivalent to 1,161,890 won in total by deceiving the above victims.

Summary of Evidence

1. Legal statement of the witness B;

1. Protocol of prosecutorial statement concerning B;

1. Statement of the police statement related H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a statement of details of banking transactions submitted by a complainant), detailed statement of transactions, CCTV images to capture, investigation report (CCTV image investigation), investigation report (Attachment to a statement of settlement of a suspect card user), receipt, etc., investigation report (Attachment to a photograph of a suspect), CCTV image closure report (a photograph of a suspect), investigation report (a statement of his/her business owner), and investigation report (report related to the repreparation of a list of crimes);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (generally, use of stolen debit cards) and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Special cases concerning the dismissal of an application for compensation, the promotion of litigation, etc.;

arrow