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(영문) 서울중앙지방법원 2013.03.26 2013고단694
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Embezzlements of lost possession;

A. At around 00:00 on January 24, 2013, the Defendant embezzled the Defendant’s thought to have on his own, without following the necessary procedures, such as acquiring the cream cards of the Bank C owned by the Victim C, 1 IBK SCC cards, 1 driver’s license, 30,000 won in cash, etc., and returning it to the victim, on the side of the Police Mutual Aid Association located in Mapo-gu Seoul Metropolitan Government Do.

B. On January 31, 2013, around 23:30, the Defendant, on the front day of the Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government D Real Estate, embezzled the Defendant’s thought to have, without following necessary procedures, he/she did not take the necessary procedures, such as acquiring an examination counter-explosive packaging that includes one copy of the Green Bank of Loves Bank Co., Ltd., one resident registration certificate, one cash 40,000 won, etc.

2. On January 24, 2013, the Defendant who violated the Specialized Credit Financial Business Act: (a) took a taxi from the public morals station located in the Mapo-gu Seoul Metropolitan City, to the front of the mountain basin located in Yongsan-gu, Yongsan-gu, Seoul up to 40-1; and (b) 1.

In addition, from February 1, 2013 to February 1, 2013, the Korean bank provided the visa card that it acquired as stated in the list of crimes, and presented it to the victim's name as if it was his own possession, and had the above taxi engineer calculate the taxi fare of KRW 3,840, and then acquired the total amount of KRW 749,570, and used the lost credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, and C;

1. Police seizure records;

1. Application of the statutes on the specifications of use of our Sc cards;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 360(1) of the Criminal Act concerning the selection of punishment (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Finance Business Act (the use of lost credit cards, etc.) and the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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