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(영문) 대전지방법원 천안지원 2017.09.22 2017고단1418
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A thief:30 on June 16, 2017, the Defendant: (a) cut off the victim’s cash 30,000 won in cash, NH physical cards, etc., which were located in the victim’s seated by the victim D, from the CPC carter located in Northern-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) 65,000 won in the market price owned by the victim D; and (c) 30,000 won in cash, and NH physical cards, etc.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On June 16, 2017, the Defendant, on June 12:34, 2017, purchased tobacco and milk equivalent to KRW 10,000 in the market price from the F convenience store located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and presented NH Ham Card (G) acquired by theft to his/her employees, as described in paragraph (1) above, and received delivery of the said goods by paying 10,00 won for the purchase price of goods on the Defendant’s card as if it would normally settle the purchase price of goods with the Defendant’s card.

B. On June 16, 2017, the Defendant, at around 12:34, June 16, 2017, purchased tobacco of an amount equivalent to KRW 9,000 at the market price at the I convenience store located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and presented NH fitness card (G) to employees in non-name, as described in paragraph (1) above, and received the said goods by settling the purchase price of the goods with the Defendant’s card as if it would normally settle the purchase price of the goods with the Defendant’s card.

Accordingly, the defendant used stolen credit cards and received property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and J;

1. Each receipt; and

1. Application of the Acts and subordinate statutes on photographic data;

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 (the point of use of stolen credit cards) of the Act on Specialized Credit Financial Business, and Article 329 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. The crime was committed again during the period of repeated crime due to the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act.

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