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(영문) 수원지방법원 안산지원 2021.02.17 2020고정1201
사기등
Text

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

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

Reasons

Punishment of the crime

1. From July 5, 2020 to July 13, 2020, the Defendant: (a) acquired a letter of card lost by the victim B in the Nompic Park in Ansan-dong 699, Ansan-si; and (b) embezzled the card without undergoing the procedure to return it to the victim.

2. On July 13, 2020, around 10:48, the Defendant: (a) presented the B-owned card acquired as stated in paragraph (1) from the “D operated by the non-victim of the name in Ansan-si, an Ansan-si, an amount of money equivalent to KRW 7,160 as one’s card; and (b) obtained financial benefits equivalent to a total of 12 times as indicated in the list of crimes in the attached Form, including the receipt of goods or services equivalent to KRW 1,113,360.

Summary of Evidence

1. Application of the Defendant’s legal statement B photographic data (CCTV data -D) investigation report [the use of the victim’s card (Evise, D) related to the investigation and suspect specific] to the Defendant’s legal statement

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost credit cards) of the Act on Specialized Financial Business, and the selection of fines for each type of fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. All circumstances, including the fact that the victim B does not want the punishment of the defendant by paying the card use fee to the victim B for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the circumstance of the crime, etc.

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