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(영문) 부산지방법원 2016.03.17 2015고정4650
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Electronic Financial Transactions Act at the Busan District Court on December 23, 2015, and the judgment was finalized on December 31, 2015.

1. On August 11, 2015, at around 17:00, the Defendant: (a) installed the victim E with the Victim E, and then stolen the Victim E with a cell phone one mobile phone in Samsung Gallon, the victim’s name No. 320,000, and one copy of Samsung Gallon card in the victim’s wife’s name, and one copy of the victim’s wife F’s callon card in the victim’s wife.

2. On August 11, 2015, around 17:25, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) presented the Victim’s Hamb Card in the name of the F, which was stolen, to the victim as if the Defendant was the Defendant’s body card; (b) by deceiving the victim to settle the credit value of KRW 100,000,000; and (c) by deceiving the victim to acquire and defraud the pecuniary benefits equivalent to the said amount; and (d) using the stolen body card.

3. On August 11, 2015, the Defendant attempted to pay KRW 1,500 as the Defendant’s physical card in the name of E, as stated in Paragraph 1. of the above provision, while purchasing 1 residues from the “L for the operation of the Victim K, located in the Busan Northern-gu, Busan Northern-gu, and suggesting that the Defendant was the Defendant’s physical card, as stated in Paragraph 1. of the above, but was refused to approve the card transaction and attempted to pay KRW 1,500.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. A statement prepared by H and K;

1. Investigation reports (including attachment of photographs of damaged objects and photographs), and investigation reports (on-site inspection, etc.);

1. Previous convictions in judgment: Application of outputs of search of net case, and copies of text of judgment to statutes;

1. Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Specialized Credit Financial Business (Unlawful Use of Credit Cards), Articles 352 and 347 of the Criminal Act.

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