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(영문) 대구지방법원 2019.05.09 2018고단5734
사기등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 11, 2018, the Defendant: (a) around 23:34, 2018, at the port of port of port of the C Bank located in Daegu Northern-gu B, Daegu Northern-gu; (b) at least 50,00 won in cash owned by the victim D; (c) identification cards; and (d) obtained theft by inserting 1 female reflects on the Defendant’s own money.

2. On November 12, 2018, the Defendant purchased goods equivalent to KRW 4,500 of the market price from “G” operated by the victim under the name unsound in Daegu-gu, Daegu-gu, as described in paragraph (1), and paid the price for the goods by presenting the e- card that was stolen as if the Defendant owned, as described in paragraph (1) and paying the price for the goods. From that time to November 18, 2018, the Defendant acquired property profits equivalent to KRW 95,900 in total on 24 occasions, as listed in attached Table 1, from that time to November 18, 2018.

3. On November 12, 2018, the Defendant violated the Specialized Credit Financial Business Act: (a) purchased drinking water, etc. on a vending machine in the vicinity of the Daegu Northern-gu, Daegu Northern-do; (b) used the stolen E Card as described in paragraph (1); (c) from that time to November 18, 2018, the Defendant purchased 43 times a total amount of 114,600 won, as indicated in Appendix 2, and used the stolen credit card.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Written statements (D);

1. Report on internal investigation (Attachment of card-use records);

1. Application of Acts and subordinate statutes to a report on investigation (Preparation of a list of crimes);

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, 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 use of each stolen credit card), Article 329 of the Criminal Act, 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 the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - Defendant was sentenced to a fine for the same kind of crime in 2018.

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