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(영문) 인천지방법원 2019.10.17 2019고정1583
사기등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On February 25, 2019, at around 14:57, the Defendant: (a) obtained the body cream card of a corporate bank owned by the victim B in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, which was 16 Bupyeong-gu, and returned it to the victim or without reporting it to the police office.

Accordingly, the Defendant embezzled the lost card that the victim lost.

2. On February 25, 2019, the Defendant: (a) purchased an Arabic creamble in the D Pharmacy located in Bupyeong-si, Bupyeong-si; (b) and (c) settled 24,000 won by putting the cream card under the name of the victim, as prescribed in paragraph (1), by presenting its card stamp; and (d) settled property gains.

3. The Defendant violated the Specialized Credit Financial Business Act, as set forth in paragraph 1, illegally used the victim’s card that he acquired, such as settling an amount equivalent to 24,00 won, by presenting his card stamp at the same time and place as that of paragraph 2.

Accordingly, the Defendant violated the Specialized Credit Financial Business Act.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Report on the occurrence (Embezzlement, etc. of stolen objects) and the application of Acts and subordinate statutes to report on the investigation;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of unlawful use of card), and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (where a sentence of suspension of execution of punishment becomes invalidated or revoked and the defendant does not pay a fine);

1. Article 62 (1) of the Criminal Act;

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