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(영문) 대구지방법원 2018.04.27 2018고정69
사기등
Text

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

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

Reasons

Punishment of the crime

1. From November 3, 2017 to the same month, the accused of embezzlement of deserted articles in possession;

5. At a place where it is not known at a time and at a point where it is impossible to know between the parties, one copy of a new card harming the victim D, who is a passenger, was found in a private taxi that he operated, and then he embezzled the said card on his own thought without returning it.

2. On November 5, 2017, the Defendant in violation of the Act on Specialized Credit Financial Business used a lost credit card by settling KRW 32,800 of the said taxi fare operated by himself/herself with a embezzled D-owned credit card, such as paragraph 1.

3. Violation of the Act on Finance Business Specializing in Fraud and credit;

A. On November 6, 2017, around 04:29, the Defendant purchased convenience store F in Daegu Suwon-gu, about KRW 8,600, 200, and presented the embezzled credit card to the pointr, as in paragraph (1), as if the credit card owned by the Defendant was self-recursed, and subsequently, acquired the lost credit card and the said tobacco by allowing the pointr to pay the price.

B. On the same day as the above A, the Defendant purchased at H of convenience stores located in the Daegu Suwon-gu G around 04:34 on the same day, approximately KRW 43,000 of the market price, and offered a credit card to the pointr, and made the payment of the price, thereby using the lost credit card and defrauding the said tobacco.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Photographs;

1. Application of Acts and subordinate statutes of the internal investigation report (Evidence No. 6) and investigation report (Evidence List No. 8)

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense, Article 360 (1) of the Criminal Act of the choice of punishment, Article 70 (1) 3 of the Act on Financial Business Specializing in Credit, Article 347 (1) of the Criminal Act

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. Determination as to the assertion by a person related to a lawsuit under Articles 70(1) and 69(2) of the Criminal Act, which is confined in a workhouse;

1. The defendant and the national defense counsel;

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