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(영문) 수원지방법원 성남지원 2014.02.06 2013고정2053
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 18, 2013, the Defendant: (a) found one card issued by a new bank that was lost by the victim D in front of Sungnam-gu, Seongbuk-gu, Sungnam-gu; (b) but did not take the procedure of returning the card to the victim; and (c) embezzled the card as he/she thought to have.

2. Around 15:43 of the same day, the Defendant purchased goods equivalent to KRW 41,200,000 from the G convenience store operated by the Victim F in E, and acquired and lost the new card issued by the new bank, citing the new card as stated in the above paragraph (1), by means of acquiring goods equivalent to KRW 38,800,00 at the J pharmacy operated by the Victim I in H, around 15:46 of the same day, and purchasing at the J pharmacy operated by the Victim I in H, the amount of KRW 15:46 of the same day, 41,200, such as purchase of goods equivalent to KRW 38,80,00 at the market price, such as 5:80,000 from the J pharmacy operated by the Victim I.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing evidence photographs;

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

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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