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(영문) 수원지방법원 안산지원 2019.05.30 2019고단130
사기등
Text

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

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

Reasons

Punishment of the crime

On January 22, 2019, the Defendant was sentenced to six months of imprisonment for fraud, a violation of the Specialized Credit Financial Business Act, and a crime of embezzlement of stolen property. On January 30, 2019, the Defendant became final and conclusive.

1. At around 02:30 on November 11, 2018, the Defendant: (a) obtained a copy of the victim’s corporate bank check (E) from the victim’s corporate bank located near a garage located in Gwangju-si B; and (b) did not follow necessary procedures, such as returning it to the victim; and (c) embezzled it on his/her own thought that he/she had.

2. Violation of the Specialized Credit Financial Business Act and fraud Defendant used physical cards lost on more than two occasions as follows, and acquired, by fraud, the total amount of 19,200 won from victims on two occasions.

On November 11, 2018, around 02:35, 2018, the Defendant presented D’s C’s physical card acquired to an employee as if the Defendant was the Defendant, from the G convenience store in the operation of F’s trade under the F’s name in light of light, and received from the said employee the delivery of 1 A’s tobacco equivalent to KRW 4,000 in amount of 4,00.

B. On November 11, 2018, around 02:42, the Defendant presented D’s physical card acquired to his/her employees at the first convenience store for operating H’s business based on the name of the victim in light of light, as if he/she were the Defendant, and then was issued 2:00 tobacco equivalent to KRW 7,200 from the said employee, and around 02:43 on the same day, the Defendant was issued 8,000 tobacco equivalent to KRW 8,00.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. CCTV photographs, details of the use of cards, and copies of receipts using cards of convenience stores;

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records, written judgments, and search and output of integrated cases;

1. Relevant legal provisions for facts of crime, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Finance Business Act (the point of unlawful use of card), and Article 70(1)3 of the Specialized Credit Finance Business Act,

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