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(영문) 창원지방법원 통영지원 2018.06.01 2018고정116
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. Around 19:00 on June 12, 2017, the Defendant embezzled, on his/her own initiative, the Defendant, without taking necessary measures, such as discovering a credit card of the Victim D’s Gyeongnam-gun and returning it to the Victim, in the vicinity of the E-art parking lot located in Masung-gun, Chungcheongnam-gun, Gyeongnam-gun.

2. On June 12, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased two dairy products equivalent to KRW 6,900 in the market price in E E E-art operated by the victims CF of Gosung-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) presented a credit card obtained as indicated in the foregoing paragraph (1) to G, who is an employee of the said E-art, and paid the payment.

Accordingly, the Defendant, by deceiving the above G, exempted the payment of the goods amounting to 6,900 won, acquired economic benefits equivalent to the same amount and used the credit card lost by another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. The embezzlement of deserted articles from the possession of relevant legal provisions on criminal facts: The fraud under Article 360 (1) of the Criminal Act: The use of credit cards lost under Article 347 (1) of the Criminal Act: Article 70 (1) 3 of the Act on Specialized Credit Financial Business;

1. Selection of an alternative fine for punishment;

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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