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(영문) 대전지방법원 2013.10.10 2013고정1107
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 04:00 on September 27, 2012, the Defendant: (a) embezzled, on the front side of the “Ccafeteria” in Daejeon Seo-gu, Daejeon; (b) he did not take necessary procedures, such as acquiring one tag in the name of the victim who lost D; and (c) returning it to the victim; and (d) embezzled as he/she thought he/she had.

2. Fraud and Specialized Credit Financial Business Act violation: (a) around 04:15 on the same day, the Defendant: (b) provided the victim G, the point of the above convenience store, as if the Defendant was a lawful holder, with the said KB national card that he acquired, presented it to the victim by means of payment payment; (c) signed and issued it in the manner of the sales slip; and (d) received from the victim the goods equivalent to KRW 12,100 in total of market prices, such as 3 A and a drinking water; and (e) used the said KB national card from around the same day to around 10:53 on the same day by using the said KB national card in the same way as indicated in the attached list of crimes.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Details of card use;

1. Investigation report (to attach photographs, such as text messages);

1. Application of Acts and subordinate statutes to investigation reports (to listen to telephone statements for card-using business establishments);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (Fraud), Article 360(1) of the Criminal Act ( point of embezzlement of stolens), Article 70(1)3 of the Specialized Credit Financial Business Act ( point of illegality of credit card), and selection of fines for each crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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