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(영문) 수원지방법원 평택지원 2021.02.17 2020고정440
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From November 17, 2019 to around the 23th day of the same month, the Defendant: (a) was employed from “D cafeteria” operated by the victim C in Pyeongtaek-si B as an employee; (b) was stolen with a head of the National Bank CC card kept in the inside book for the use of the victim’s operation.

2. On November 24, 2019, at around 14:56, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant purchased goods equivalent to KRW 13,100,00, such as tobacco 1 A, from “G convenience store” in the “Seoul Gangnam-gu Seoul Metropolitan Government F’s operation, and paid the amount using the said national bank check, which was entered in the list of crimes, from November 25, 2019, from that time, the Defendant presented the said card to the victim, and the victim had the victim pay the price for the goods with the said check, as stated in the list of crimes.

Accordingly, the defendant, by deceiving victims about 11 times, received property or services, and used 1,488,000 won in total with stolen physical check.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the prosecution against C;

1. Each police statement made to C and H;

1. Each statement of I, F, J, and K;

1. Application of Acts and subordinate statutes on the card submitted by complainants and the details thereof;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point), Article 329 of the Criminal Act, Article 70(1)3 (the use of stolen credit cards), and the selection of fines for each credit-based financial business;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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