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(영문) 대전지방법원 2013.07.26 2013고정1133
사기등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 21, 2013, at around 15:00, the Defendant: (a) entered a tent installed in the playground of D High School located in Daejeon Middle-gu, Daejeon; (b) and (c) cut off one of its own cash of KRW 80,000; and (d) one of its market price of KRW 430,000,000, which includes a physical card of the National Bank.

2. On April 21, 2013, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased cartoon books, Chewing, etc. at the Daejeon Pungdong Seo-gu Seo-gu Daejeon Daejeon, and (b) had a loter employee present a stolen physical card as if he was the Defendant’s physical card and present it to pay the price of the goods; (c) obtained a cartoon book, Chewing, etc. equivalent to KRW 22,690 at the market price from the victim slotte and acquired it, and used a stolen physical card.

3. On April 22, 2013, the Defendant attempted to receive property by deceiving the victim by purchasing tobacco, Chewing, etc. from “Hmaart,” operated by the victim G in Daejeon Seo-gu F, Daejeon, and by suggesting that he/she was the Defendant’s physical card. However, the Defendant refused approval with a stolen card and received the stolen report and attempted to receive property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 (the use of stolen debit cards), Articles 352 and 347 of the Criminal Act, 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is a minor, who is a Grade 3 intellectual disabled person, and that the investigation agency compensates for damages and agreed with the victim. However, the defendant is a minor.

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