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(영문) 서울중앙지방법원 2012.12.27 2012고정5169
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 February 21, 2012, the Defendant embezzled the lost Samsung Credit Card, which was lost by the victim B in a park, without following necessary procedures, such as holding one copy of the instant Samsung Credit Card, and returning it to the victim, after going outside of the building of Yang Jae-dong 391, Seocho-gu Seoul, Yang Jae-dong, Seocho-gu, Seoul at an end of time.

2. On March 1, 2012, around 18:25, the Defendant: (a) purchased goods from the Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu 4, Yeongdeungpo-gu 441-10 Embapt 4; (b) presented that he/she had obtained B’s credit card to his/her employees as if he/she was the credit card of the Defendant; and (c) acquired B’s property profits using B’s credit card in the name of the Defendant’s name from around February 27, 2012 to March 5, 2012 by acquiring the goods from his/her employees; and (d) on the same day, at around 19:26, the Defendant purchased the goods from his/her employees, and presented B’s credit card to his/her employees as if he/she were his/her credit card holders; and (e) acquired B’s property profits using B’s credit card in the name of his/her employees from around February 27, 2012 to around March 5, 20206.

3. The Defendant violated the Specialized Credit Financial Business Act, using lost credit cards as described in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. A detailed statement of CCTVs, CCTVs, sales slips, CCTVs for 7 lines, and CCTVs for use;

1. Application of Acts and subordinate statutes to investigation reports (verification of the card hold place, etc.);

1. Relevant Article 360(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, and selection 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;

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