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(영문) 인천지방법원 2015.01.09 2014고정4252
사기등
Text

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

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

Reasons

Punishment of the crime

1. On October 22, 2014, the Defendant acquired one credit card of a national bank lost by the victim C at the Incheon Integrated Terminal located in 15, Nam-gu, Incheon, Nam-gu, Incheon, Incheon, at around 09:00.

The Defendant, without taking necessary procedures such as returning the goods acquired as above, embezzled the said goods on his own mind.

2. On October 22, 2014, the Defendant violated the Specialized Credit Financial Business Act: (a) purchased bread in Ebeer D located in Nam-gu Incheon Metropolitan City, and used a lost credit card by settling accounts with C’s national bank with the credit card acquired as referred to in paragraph (1).

In addition, the Defendant used C’s credit card from 11:45 to 15:00 on the same day, which was lost on three occasions in total, such as the list Nos. 1 to 3 of the list of crimes.

3. On October 22, 2014, around 12:21, 201, the Defendant: (a) purchased bread equivalent to KRW 11,700 at the market price in the Ebelare of the victim’s name in Nam-gu Incheon Metropolitan City’s Nam-gu operation; (b) settled accounts with C’s national bank, as if he was his card; and (c) received the said bread.

In addition, the Defendant, from that time to 15:31 on the same day, received goods equivalent to a total of 33,720 won of the market price at three times in total by the same method as the attached list Nos. 2 through 4 of the crime list from that day, and acquired them by fraud, and attempted to acquire the goods equivalent to a total of 10,000 won, and did so on the wind which is refused to be approved by the theft card.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Details of card use and receipt, and application of Acts and subordinate statutes to photographs;

1. Relevant legal provisions on criminal facts, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen goods), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit cards and including the use of lost credit cards), Article 347(1) of the Criminal Act (Fraud), Articles 352 and 347(1) of the Criminal Act, and each of the fines is selected.

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