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(영문) 부산지방법원 2017.05.10 2016고정3773
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 4, 2016, the Defendant: (a) around 10:00, at the C convenience store located in Busan, Busan, the Defendant: (b) received a new bank or debit card (E) under the name of the victim that was lost; (c) but did not return it to the victim or report it to the police authorities, etc.; (d) on his/her own.

Accordingly, the Defendant embezzled possession of the deserted thing.

2. On April 4, 2016, at around 10:42, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, purchased 3 beams of tobacco to be done at the market price of 139,500, within the G convenience store operated by the Buddhist victim in Busan-gu, Busan-gu, Busan-do, and used it unlawfully by presenting and settling the above debit card he acquired as if he was a legitimate holder, and by removing the payment of the above amount from paying it.

In addition, from around that time to April 5, 2016, the Defendant unlawfully used the debit cards acquired through the aforementioned methods eight times in total, such as the list of crimes in the attached Table, and thereby acquired the pecuniary benefits equivalent to KRW 520,500 in total from the victims.

Summary of Evidence

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

1. Statement made by the police against D;

1. A H statement;

1. Protocols of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation by police (the attachment of card use details);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the selection of a punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the illegal use of credit cards) of the Act on Specialized Financial Business for Credit, and the selection of each fine;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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