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(영문) 광주지방법원 2020.05.14 2020고정265
사기등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. At around 10:30 on January 8, 2020, the Defendant: (a) obtained about KRW 1,000 of the market price owned by the victim D(27 years old and south) in the street in the “C” located in Gwangju Northern-gu, Gwangju; and (b) did not take necessary procedures, such as returning it to the victim; and (c) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Violation of the Specialized Credit Financial Business Act, and fraud;

A. At around 12:12 on January 10, 2020, the Defendant calculated the price of KRW 9,000 by presenting the NAC card embezzled, such as the former “A,” to the business owner G (n, 46 years old) as if it was his card, after eating at the F cafeteria located in Gwangju Mine-gu, Gwangju.

B. On January 10, 2020, the Defendant calculated the clothes value of KRW 129,500,00, when purchasing clothes at “I” cancer stores located in Gwangju Northern-gu, Gwangju, and, as seen in “A”, presented to J (Nam, 47 years of age) the NA card embezzled as if it were his carded.

C. On January 10, 2020, the Defendant, at around 13:03, presented 96,090 won to his employee M, as if the NA card embezzled, such as the former “A,” was his card, when purchasing one money in the “(State)L” located in the North-gu Seoul, North-gu, Gwangju, for the purpose of calculating the price of KRW 96,090.

Accordingly, the Defendant calculated the sum of KRW 234,590 on three occasions using the embezzled Nong CF card, thereby illegally using the card and acquiring pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and J;

1. Report on internal investigation (verification of card use place, etc.), investigation report (verification of card use place, etc.), application of Acts and subordinate statutes to investigation report (specific suspect);

1. Relevant legal provisions on criminal facts, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the illegal use of lost cards) and Article 70(1)3 of the Specialized Credit Financial Business Act, each of the fines shall be selected.

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