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(영문) 인천지방법원 2017.03.24 2016고정3656
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 28, 2016, the Defendant was sentenced to six months of imprisonment for special intimidation by the Incheon District Court, and the judgment was finalized on November 5, 2016.

The defendant is a person who became aware of the victim B (44 years, women) through the Internet hosting site.

1. On August 11, 2015, the Defendant, within the residence of the victim of Seo-gu Incheon, Seo-gu C 401, Seo-gu, Incheon, between around 19:00 and the victim, while drinking alcohol together with the victim, she followed the victim’s wallets in the small bank by taking advantage of the gap where surveillance was neglected due to being drunk, and carried out cash 10,000 won, national bank check card, agricultural bank check card, and eck card.

Accordingly, the defendant stolen the victim's property.

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

A. On August 11, 2015, at around 21:00, the Defendant visited the Dong office as a customer within the Dong office located in Seo-gu Incheon, Seo-gu, Incheon, and ordered drinking and drinking alcohol, etc., and subsequently, after completing the stolen National Bank Cze Card as prescribed in paragraph (1), presented 22,00 won to his/her self-employed employees to pay charges, and acquired the amount corresponding to that amount by fraud.

B. At around 00:48 on the 12th day of the same month as the above 12th day of the same month, the Defendant visited the Dong-gu Incheon, as a customer, visited the Dong-gu Office, and singing out, and singing it, and then paid 372,000 won over three occasions in Do as well as by deceiving 126,00 won by presenting it to the person who was self-sing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on trading;

1. Relevant legal provisions for criminal facts, Article 329 of the Criminal Act for the choice of punishment (section 329), Article 347(1) of the Criminal Act for each type of crime (the fraud point), Article 70(1) of the Act on Specialized Credit Financial Business (the illegal use of debit cards, including the illegal use of debit cards), and the selection of fines for each type of fine;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The order of provisional payment;

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