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(영문) 서울북부지방법원 2018.10.18 2018고정830
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 21, 2014, the Defendant found one copy of the card owned by the victim B around the street dong in Seongbuk-gu Seoul, Seongbuk-gu.

Defendant 1, without going through the necessary procedures such as returning the above acquired property to the victim, and embezzled it.

2. From November 22, 2014, around 01:43, the Defendant violated the Act on Specialized Credit Financial Business: (a) presented a new card obtained from “DPC room” on the third floor of the Dongdaemun-gu Seoul building C, Seoul, to E at the same time, and received a fixed amount of PC room (20,000 won) from E at the same time; (b) beverages (1,000 won) around 05:28 of the same day continuously purchased around the same day; and (c) around 05:29 of the same day, the Defendant settled 24,000 won and used the credit card lost by another person.

3. The Defendant, at the same place as the above 2.2. Paragraph 1 above, committed as if the credit card acquired was a legitimate right to use, and the Defendant presented the above credit card to E, and settled 24,000 won of the sum of the right to use a scambling and drinking water, etc., and acquired pecuniary profits equivalent to that amount.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Application of B’s written laws and regulations;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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