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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 상주지원 2016.05.24 2016고정67
사기등
Text

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

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

Reasons

Punishment of the crime

1. On January 2016, the Defendant embezzled, without following necessary procedures such as returning to the victim, the Nonghyup Card (C), which is a credit card that the victim B lost, at a bus terminal located in Gyeyang-dong at the time of permanent stay, the Defendant embezzled it as he/she had on his/her own.

2. On March 21, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business purchased oil equivalent to KRW 21,000 at the market price from the injured party E in the nameless victim E in the nameless damage station at the time of permanent residence at around 00:0 on March 21, 2016, and concluded a signature with the Agricultural Cooperative Card (C), which is the credit card acquired as described in the foregoing paragraph 1, and made a settlement of the said payment nine times in total, as shown in the list of crimes in the attached Table.

Accordingly, the defendant, by deceiving each victims, acquired property benefits and used lost credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the statutes on the list of seizure;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act for the choice of punishment (the embezzlement of items departing from possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the illegal use of card) of the Act on Specialized Financial Business for Credit, and the selection of each fine (the punishment of the injured person does not want to be imposed on the accused, health status of the accused, family relationship, etc.)

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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