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(영문) 대전지방법원 2013.10.24 2013고정1569
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 14:00 on June 26, 2013, the Defendant: (a) calculated the products purchased by himself/herself from the 1st floor Mat of the Seo-gu Daejeon District of Daejeon, Seo-gu, Daejeon, and discovered one transaction of the agricultural cooperative debit cards owned by the victim C on the floor; and (b) stolen the card by inserting it on the wall.

2. Violation of the Specialized Credit Financial Business Act, and fraud;

가. 피고인은 같은 날 16:10경 대전 서구 갈마동 352-1 홈플러스익스프레스 대전갈마점에서 양배추, 떡볶이 등 12,930원 상당을 구매하면서 계산원 D에게 위와 같이 절취한 피해자 C 소유의 직불카드의 소유자인 것처럼 제시하여 12,930원을 결제한 후 양배추, 떡볶이 등을 교부받아 편취하고, 절취한 직불카드를 사용하였다.

B. At around 16:14 on the same day, the Defendant acquired 47,300 won, such as shotdo and shotdo, by the same method at the place under the above paragraph (a), and used stolen debit cards.

C. At around 16:16 of the same day, the Defendant, at the same place in the above paragraph (a) above, acquired 1 gambling 23,600 won and used the stolen debit card.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to details of purchase of home fluor presses presses and Daejeon retices;

1. Relevant legal provisions concerning facts constituting an offense, Article 347 (1) of the Criminal Act (Fraud point), Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act ( point of illegality of debit cards) and selection of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, as the first offender, confessions all the crimes of this case, pays all the amount of damage to the victim after the prosecution of this case, and the victim does not want the punishment of the defendant.

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