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(영문) 부산지방법원 2017.04.21 2017고단1012
사기등
Text

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

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

Reasons

Punishment of the crime

1. Around 10:00 on October 30, 2016, the Defendant: (a) 10:00, at the main station located in Busan Seosan-dong (mutual influencies); (b) 1 copy of the Defendant’s [KB] National Card (hereinafter “instant physical card”); (c) brought about the Victim’s U.S. National Card (hereinafter “the instant physical card”) which was discharged on the table; and (d) 2. On October 30, 2016, the Defendant violated the Act on Fraudulent and Credit Financial Business (hereinafter “the instant physical card”) brought about a theft. Around October 30, 2016, the Defendant was able to properly pay the price in the “D” restaurant (the victim’s name influenite operation) located in Busan-gu, Busan-gu, and had the victim pay the price by presenting 30,000 won of the instant food card as if he had been duly granted the right of use under the name of B, such as paragraph (1).

In addition, from around that time to around 14:22 of the same day, the Defendant paid a total of 340,200 won using the instant check, such as the check of crime list, and acquired property benefits by receiving property equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol made with respect to B;

1. A detailed statement of approval of cards, each photograph/cinematographic output, and the application of statutes;

1. Relevant Article 329 of the Criminal Act and Article 347(1)3 of the Criminal Act concerning criminal facts and the choice of fines for financial business specializing in credit, respectively, Article 70(1)3 of the Act;

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. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act, including the submission of a written agreement by the Defendant, but the fact that the Defendant did not actually reach an agreement due to the failure to pay damages, and the Defendant’s primary crime is a university student who has not yet commenced a major social life, etc., taking into account the matters stipulated in Article 51 of the Criminal Act.

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