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(영문) 인천지방법원 부천지원 2016.11.11 2016고정1125
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. A theft Defendant: (a) around 09:40 on June 6, 2016, 2016, 272, the victim C was temporarily stolen with a cell phone and credit card in the market price, which is the victim’s own possession, between the victim and the victim C, at his/her own seat in the Seocheon-si, Seocheon-si, Seocheon-si, and the victim C was temporarily stolen.

2. On June 6, 2016, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased tobacco, etc. from a non-victim who is an owner of a business in Guro-gu Seoul Metropolitan City at a convenience store of “F” in Guro-gu, Seoul; (b) and (c) took the credit card of the victim obtained as above and presented it as one’s own.

However, the above credit card was stolen by the defendant, and the defendant did not have the right to use the card.

Nevertheless, the Defendant, by deceiving the victim as above, purchased tobacco equivalent to the total market value of KRW 182,50 from the victim and used the stolen credit card unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Investigation report (the statement of the owner of the business at F convenience point), investigation report (the CCTV investigation) and investigation report (the CCTV investigation at FF convenience point);

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Application of CCTV-related Acts and subordinate statutes to crime scene;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (use of stolen cards), 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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