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(영문) 인천지방법원 부천지원 2017.08.18 2017고정688
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a relationship between the victim B (51,00) and the victim B (51).

1. On February 22, 2017, the Defendant embezzled possession separated articles by acquiring the victim’s physical check card at the Saemaul Flusium owned by the victim and then embling it in a manner of inserting it into the main money, around 14:00, Seocheon-si, 125-ro 48 (Small copies, Sub-dongs, and Sungsan-si).

2. On March 7, 2017, the Defendant of the Act on Financial Business Specializing in Fraud and Credit, even though he did not have the right to use the laundry to an employee in the name in the D laundry at D laund on March 14:12, 2017, he presented it and acquired the pecuniary benefits of KRW 7,828,850, total amount of KRW 79 times in total, as shown in the [Attachment] List of Crimes, even though he did not have the right to use the laundry card of the victim B who stolen, such as “1. Paragraph”.

3. On April 4, 2017, the Defendant attempted to pay KRW 22,00 for a stolen victim B, even though he/she did not have the right to use the physical card, such as an ecological sugar, and did not receive an order to pay the price, within the F cafeteria located in E at Sinti City, Do. On April 12:19, 201, even though he/she did not have the right to use the physical card of the stolen victim B, such as “1. Paragraph,” but the Defendant failed to pay the price due to the theft report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of deposit transactions of victims and a detailed statement of card transactions, receipt;

1. A photograph of a CCTV image to be cut;

1. Application of Acts and subordinate statutes to report internal investigation and telephone communications;

1. Although Article 360(1) of the Criminal Act applicable to the relevant criminal facts and Article 360(1) of the Criminal Act applicable to the selection of punishment (a crime of embezzlement of deserted articles in possession) omits “Article 360(1) of the Criminal Act” in the protocol of indictment, it is obvious that the omission has been made in light of the facts charged, making a supplementary entry without any changes in the indictment.

Article 347 (1) of the Criminal Code (the point of fraud), Article 352 of the Criminal Code, Article 347 (1) of the Criminal Code (the point of attempted fraud) and the Act on Specialized Credit Financial Business.

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