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(영문) 인천지방법원 2018.03.30 2018고정275
사기등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. From October 16, 2017, around 18:21, the Defendant: (a) committed a theft with a personal bank card that was left before the cash withdrawal period No. 34 of the victim D (17 taxes, South) within the “KB National Bank (C) of Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) the cash withdrawal period No. 34.

2. Fraud;

A. On October 16, 2017, the Defendant purchased sugar of KRW 5,000 at a discount store in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, B1’s “E” world, and presented the physical card of a national bank, which was stolen under paragraph (1), as if he/she was his/her physical card, and acquired the property amounting to KRW 5,000 from the store employees.

B. On October 16, 2017, at around 18:28, the Defendant purchased 4 red ginseng flusing 270,000 won in the market price from 'G 1st floor of the building F of Bupyeong-gu Incheon, Bupyeong-gu, Incheon.’s 170,000 won, the Defendant presented the clusing card of a national bank, which was stolen under paragraph (1), as he/she was his/her clusing card, and obtained the property from the store employees in total amount of KRW 1,026,00 from the store employees.

(c)

On October 16, 2017, at around 18:35, 2017, the Defendant purchased 3 10,000 ia Cream and 110,000 Nuscam in the market at the 1st floor of the building in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, by suggesting that he was his cream card which was stolen under paragraph (1) as he was his cream card, and then acquired the 600,000 property from the store employees.

3. The Defendant violated the Act on Specialized Credit Financial Business, as set forth in paragraph 1, used the stolen victim’s card on three occasions as set forth in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A damage statement of D;

1. Investigation reports (on-site inspection, etc.);

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Article 329 of the Criminal Act (abscing point), Article 347 of the Criminal Act (abscing point), Article 347 (1) of the Criminal Act (abscing point in fraud), and Article 70 (1) 3 (abscing point in using stolen credit cards) of the Act on Specialized Financial Business for Credit;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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