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(영문) 인천지방법원 2018.04.27 2017고정2431
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. From April 6, 2017 to around 22:10 on April 6, 2017, the Defendant embezzled occupied separated objects, without following necessary procedures, such as discovering cash 70,000 won between the victim E and the market price with credit cards, and returning the same to the victim, within the “D” heading of the Defendant’s operation in Seo-gu Incheon, Seo-gu, Incheon.

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

2. From around 22:20 on the same day, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant paid KRW 1,800,000 by the credit card in the name of the victim KB National Card Issuance E, and KRW 1,800,000 by the credit card in the name of the victim KB National Card Issuance Co., Ltd., and KRW 1,800,000,000 by the credit card in the name of the victim non-credit card issuance (State) respectively, as if the said credit card holder had paid the card by the credit card acquired from the above 22:20 on the same day.

Accordingly, the defendant acquired property benefits by deceiving the damaged company, and used the lost credit card unlawfully.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each legal statement of witness F and E;

1. Details of transactions by credit cards at the Japan of the case;

1. A CCTV video CD at a convenience store;

1. Dhographs, bombs, and mer new plate photographs;

1. Domestic investigation reports (victim's investigation, on-site verification, etc.), internal investigation reports (fence of the victim's establishment, on-site investigation, and on-site verification), investigation reports (verification of the time for visiting the victim's establishment and on-site investigation of the customer of the business establishment of the case), investigation reports (explosion of CCTV for convenience stores and analysis of CCTV images in response to convenience stores), investigation reports (price of the price entered in the time table of CCTV images and on-site list of the suspect's statement).

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