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(영문) 의정부지방법원 2013.11.06 2013고정2178
사기등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. From April 28, 2013 to 16:19 on April 28, 2013, the Defendant acquired one national card owned by the victim C, which was lost by the victim C, at an influent place between the friendly third apartment in the Dongwon-dong, such as the Gidong-dong-dong-dong, and the Gidaedong-dong-dong-dong-dong-dong-dong-dong-dong.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On April 28, 2013, around 16:19, the Defendant purchased 1 set of two clothes at the “E” clothes sales store operated by the victim D located in the “E” Maambro-dong, the Defendant acquired 1 set of the lost C’s national card from his/her employees as if he/she were his/her credit card, thereby allowing his/her employees to pay 160,800 won, and used the lost credit card.

B. On April 28, 2013, around 16:50 on April 28, 2013, the Defendant: (a) purchased bluene and Saturdays at the food retail store located in the Gaambambamamamb; (b) had the lost C’s national card completed as if he were one’s credit card; (c) took over and paid off the total amount of KRW 19,000, and used the lost credit card.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the receipt statute

1. Relevant Article 360(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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