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(영문) 부산지방법원 2019.03.29 2019고정226
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 14:12, 2018, the Defendant: (a) found one copy of the “C” crosswalk located in Busan B, the Defendant embezzled the property that he/she had, without following necessary procedures, he/she did not return it to the victim; and (b) embezzled the property that he/she left the possession of the victim.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On October 14:22, 2018, the Defendant purchased “G” stores operated by the victim I located in Busan Central Government Organization H, with a total of 29,200 won in the market value, and made payments for the price by using three same amount of pecuniary benefits, i.e., payment of the price to the employee’s name in order to pay the price, i.e., three comix 29,200 won in total, one net postmpir, and one Simpir.

B. On October 14:36, 2018, the Defendant purchased one of the “J” stores operated by the victim L, which is located in Busan So-gu, Busan, to pay the price, the Defendant exempted the Defendant from paying the said price by using the cream card obtained as if the Defendant was a legitimate holder and paying the price to the employee’s name in order to pay the price. The Defendant used the lost credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to report internal investigation (the verification, etc. of the place of using the lost card), investigation report (the fact-finding by the JJ of the user of the lost card);

1. Credit cards lost under Article 360 (1) of the Criminal Act, Article 360 of the choice of criminal facts, Article 347 (1) of the Criminal Act (Fraud) and Article 70 (1) 3 of the Specialized Credit Finance Business Act.

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