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(영문) 서울중앙지방법원 2017.07.11 2017고정946
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 22, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a special injury at the Seoul Central District Court, and the said judgment became final and conclusive on April 8, 2017.

1. On September 15, 2016, the Defendant embezzled, on his own initiative, the Defendant: (a) obtained cash of KRW 500,000,00,000, which is the victim’s possession owned by the victim B; and (b) did not take necessary procedures, such as returning to the victim, at the front of the Seoul Station Culture Center located in the Jung-gu Seoul Special Metropolitan City, Jung-gu; (c) around 122, the Defendant embezzled, without taking necessary procedures, on his/her own idea that he/she had.

2. On September 15, 2016, around 04:28, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, was provided with alcohol, alcohol, etc. from the injured party at the main point of “E” for the operation of the victim DD located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and used a credit card lost by presenting the credit card as if it was one’s own card and having the credit card settle the amount of KRW 100,000 for the price of goods. By deceiving the said injured party, the Defendant was issued goods equivalent to KRW 100,000 at the market price of the injured party’s possession from the injured party.

From that time until September 15, 2016, the Defendant used a credit card lost by having the victims settle total of KRW 2,098,925 won over 14 times in total under the name of the price for the goods as shown in the attached list of crimes through the above method, from that time until September 15, 2016, and received from the victims the delivery of goods equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on internal investigation:

1. Written statements and related data;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) of the choice of punishment, Article 347(1) (a) of the Criminal Act, Article 347(1) (a)) of the Criminal Act, Article 70(1)3 (a), and the choice of fines for each type of fine for a financial business specializing in credit;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes:

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