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(영문) 춘천지방법원 강릉지원 2018.11.29 2018고정196
사기등
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

1. On August 4, 2018, the Defendant: (a) got off one copy of the Defendant’s NH No.C. debit cards (E) owned by the victim D, which were located adjacent to the payment period of gold transfer in the office located in Gangseo-si, Gangnam-si, Seoul.

Accordingly, the defendant stolen the victim's property.

2. On August 4, 2018, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit was presented as if he had been holding a legitimate right to use the instant debit card, which was stolen as set forth in paragraph 1, at the H convenience store in the operation of the Victim G located in Gangnam-si, Gangnam-si, and received tobacco, etc. of an amount equivalent to KRW 21,500 from the injured party, which was 21,50,000, from that time until 21:18 of the same day, from that time, the Defendant settled the total amount of KRW 71,160 as the price for goods five times in total, as shown in the list of crimes in the attached Table.

Accordingly, the defendant used a stolen debit card and received property from the victims by deceiving them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, I, J, K and G;

1. A detailed statement of domestic trade;

1. An investigation report (Attachment to the results of CCTV image verification, such as C gas stations, and photographs to take a course);

1. Application of Acts and subordinate statutes to investigation reports (the results of checking CCTV images at H convenience points and attaching photographs);

1. Relevant Article 329 of the Criminal Act, Articles 329 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business, and the selection of fines for each crime;

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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