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(영문) 광주지방법원 2016.01.07 2015고단3063
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On July 22, 2015, the Defendant stolen money and valuables equivalent to KRW 128,300,00, total market price, including KRW 128,30,000, KRW 26,000, USD 1,2, credit card of a new bank, KRW 1,3,000, and KRW 1,00,000, market price of the victim’s cash owned by the victim C, which was placed on the automatic sales machine of the waiting room for passengers in the 201 Gwangju Mine-gu, as a regular business of the Gwangju Mine-gu.

2. Violation of the Act on Financial Business Specializing in credit, and fraud;

A. On July 22, 2015, around 13:21, the Defendant: (a) boarded a taxi driven by the victim D on the front side of Gwangju District, and caused the victim to drive the taxi before the main station; and (b) exempted the victim from paying the said taxi fee by using a stolen credit card of a bank, such as the foregoing paragraph 1, as if he/she had a legitimate holder, to pay the taxi fee in an amount equivalent to 25,000 won; and (c) prevented the victim from using the stolen credit card to pay the taxi fee; and (d) obtained property benefits equivalent to 25,000 won from the victim.

B. On July 22, 2015, around 13:54, the Defendant used a stolen credit card and obtained pecuniary benefits equivalent to 35,000 won from the victimized person by using a stolen bank physical card as if he/she had a legitimate holder, for the settlement of taxi charges in an amount equivalent to 35,000 won, after getting the injured person to board a taxi driving by the victim E on the road prior to the Jeju Station, and allowing the injured person to operate the taxi prior to the terminal of the Pyeongtaek bus.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Investigation report (verification of the statement of F taxi engineer);

1. Application of Acts and subordinate statutes on the message of card use records;

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act (the point of intention in Section 329), Article 70 (1) 3 of the Act on Business Specializing in Credit Business (the point of unlawful use of credit cards) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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