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(영문) 춘천지방법원 강릉지원 2017.01.25 2016고단1640
사기등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

1. On November 7, 2016, the Defendant, at around 10:30 on November 7, 2016, found one physical card of a national bank that was lost by the victim D in front of C in Gangnam-si B, and embezzled the property that he/she left the possession of the victim without reporting to the police.

2. On November 7, 2016, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit Financial Business purchased 60,000 tobacco at the F convenience store located in Gangnam-si, Gangnam-si, and used a lost e-mail card by presenting it to an employee in the name of the victim as if the Defendant had the right to use the e-mail card as stated in paragraph (1) as if he had the right to use the e-mail card properly, and then acquired 60,000 won of tobacco from the employee.

3. On November 7, 2016, the Defendant, in violation of the Road Traffic Act (unlicensed driving) driven a bicycle of JD100 motor device without obtaining a motor device driver’s license from around 2 km section of approximately 2 km to the I oil station located in Gangseo-si, Gangnam-si, G from the front of the Defendant’s house to the I oil station located in Gangnam-si.

4. On November 11, 2016, the Defendant: (a) stolen 2,00 (2), which was displayed in front of a cater at a discount store for consumer goods for the operation of the victim Lane located in Gangnam-si, Gangnam-si; and (b) stolen 3,00 won of the market price; and (c) the summary of the evidence.

1. Statement by the defendant in court;

1. Each written statement D or L;

1. The details of his/her financial transaction, the text of each text message printed, the comprehensive vehicle contents, and the driver's license details;

1. The main text of each CCTV (including in-house stores for household goods), the main text of a photograph printed out by each studio, and the output of tobacco photograph;

1. Application of Acts and subordinate statutes to a report on investigation;

1. The embezzlement of deserted articles in possession of the relevant criminal facts and the judgment of the choice of punishment: Fraud in the judgment of Article 360(1) of the Criminal Act (the choice of imprisonment): Violation of the law of financial business specializing in credit-based finance as prescribed by Article 347(1) of the Criminal Act: Article 70(1)3 of the Act on Specialized Credit Financial Business (the imprisonment with prison labor).

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