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(영문) 부산지방법원 2015.09.17 2015고정2938
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On May 7, 2015, the Defendant embezzled one Samsung Credit Card Co., Ltd. owned by the said victim, which was lost by the victim E at the bus stops located in Busan Dong-gu, Busan, at around 07:20 on May 7, 2015.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On May 7, 2015, the Defendant used the credit card lost by settling KRW 5,000 by the said credit card using the card terminal of F-si that he was driving, and acquired the pecuniary benefits equivalent to the same amount by deceiving the victim non-paid corporation, the owner of the said card terminal.

B. On May 7, 2015, the Defendant used the lost credit card by settling KRW 15,000 with the said credit card using the said card device, and acquired pecuniary profits equivalent to the same amount by deceiving the said victim, stock company, etc.

C. On May 7, 2015, at around 07:56, the Defendant purchased foodstuffs from the Hmaart operated by the victim under the name in the Geum-gu G of Busan, the Defendant used the credit card lost by settling KRW 85,410 with the said credit card, and acquired the said amount of food by deceiving the said victim.

At around 08:05 on the same day, the Defendant purchased drinking water, etc. from the J convenience store operated by the victim in Busan Dong-gu, Busan, and used the lost credit card by settling 27,200 won with the above credit card, and acquired drinking water, etc. by deceiving the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a statement of credit card transactions and a statement of repayment of damaged amount);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit card), and the selection of each fine;

1. Aggravation for concurrent crimes;

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