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(영문) 대전지방법원 천안지원 2013.08.23 2013고정794
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in daily work.

1. From May 29, 2012, around 14:00 on May 29, 2012, 14:00, the Defendant acquired one check card (Account Number C) of our bank, where the victim B (Nam, 18 years old) was lost at a lot of public telephone boxes located in the Sung-dong, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

The Defendant, without taking necessary procedures such as returning the above acquired property to the victim, has embezzled the property as he/she thought to use.

2. On 14:28 of the same day as in paragraph 1 of the Specialized Credit Financial Business Act and paragraph 1 of the fraud, as in paragraph 1 of this Article, the bank cream card obtained from the owner of the above establishment as in paragraph 1 of this Article, by purchasing the large-scale 300,000 U.S. market value in E located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.

The Defendant had the above business owner prepare 300,000 foot sales slips, and then illegally used the cards acquired through the method of signing the sales slips and then delivering them to the business owner, and then acquired a total of 434,500 won proprietary benefits using the cards lost over three times in total, such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Photographs of details of transactions, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant statutory provisions of Article 360(1) of the Criminal Act (the point of embezzlement of stolen items), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 (the point of use of lost cards) of the Specialized Credit Financial Business Act, and selection of fines for the crime;

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

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