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(영문) 서울북부지방법원 2018.09.20 2017고정2198
사기등
Text

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

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

Reasons

Punishment of the crime

On September 20, 2017, the Defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court for fraud, etc., and on February 22, 2018, the judgment became final and conclusive.

A. A. On March 13, 2017, around 19:25, the Defendant: (a) used the cash withdrawal machine to the victim B (48 years old, female) within the Seongbuk-gu Seoul, Seongbuk-ro 129 and the “KB National Bank Automatic Corper,” and then discovered the resident registration certificates owned by the victim (C) and the pocketbooks containing the national bank credit card; and (b) stolen it.

B. On March 13, 2017, the Defendant entered Seongbuk-gu Seoul Metropolitan Government “E” (E) around 20:50 on March 13, 2017, and presented the Defendant’s national bank credit card to the Defendant’s employees of both convenience stores, and used the credit card unlawfully. In other words, at the seat, the Defendant was issued 2 A tobacco with Mads equivalent to KRW 9,000 from the E employees.

2) On March 13, 2017, between 20:52 and 20:55, the Defendant entered Seongbuk-gu Seoul, “GPC room” on the second floor, and used the credit card of the national bank of the victim who stolen as referred to in the foregoing paragraph (b) -1) in the same manner as that of the above paragraph. In other words, the Defendant charged 40,000 won from the business owner of “GPC room” and acquired the pecuniary profit equivalent to KRW 9,000, total amount of KRW 49,000 from food value, such as would be.

Summary of Evidence

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

1. B written statements;

1. A photograph at the scene of damage (the automatic cremation of commercial buildings as requested by the Korean National Bank);

1. Photographs of seized articles;

1. Application of investigation reports (verification of CCTVs in credit cards)-related Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (abstinence) and Article 329 of the Criminal Act, Article 347 of the Criminal Act (abstinence in fraud), Article 70 (1) 3 (abstinence in use of credit cards), and the selection of fines for each credit specialized finance business;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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