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(영문) 서울북부지방법원 2017.05.16 2017고정597
사기등
Text

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

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

Reasons

Punishment of the crime

A. On September 11, 2016, the Defendant embezzled, even though he/she acquired one card (C) under the name of the victim B (C) in the name of the victim, and did not take necessary procedures, such as returning the card to the victim, and embezzled as he/she thought he/she had.

B. Around November 06:48, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, using lost credit cards in the same manner, such as: (a) having completed one card of the victim acquired on the bus charges terminal No. 11113 in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with the premise that he/she has a legitimate right to use the bus charges; (b) having contacted him/her as if he/she had a legitimate right to use the same; and (c) having paid 1,200 won; and (d) having acquired the pecuniary profit equivalent to KRW 80,230 in total over 85 times, such as the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Details of card use;

1. Application of the CCTV closure photographs and CCTV closure photographs of buses to the Act and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 (the point of using a lost card) of the Act, Article 360 (1) of the Criminal Act (the point of embezzlement of deserted articles in possession), and the choice of fines, respectively;

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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