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(영문) 수원지방법원 평택지원 2019.07.26 2018고정217
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Around 15:00 on March 23, 2017, the Defendant: (a) obtained the credit card card of one bank that was damaged by the victim D Dop in Pyeongtaek-si B; and (b) did not take necessary procedures, such as returning the credit card to the victim; and (c) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On March 23, 2017, at the convenience store, around 15:29:4, 2017, the Defendant purchased 10 cigarette worth 45,000 won at the market price from the non-victim of the name of his/her employee at the “E” convenience store located in the above C, and paid the price by presenting the acquired credit card as his/her own act. On the same day, the Defendant continuously purchased food worth 25,010 won at the G convenience store located in the same SiF at around 15:39:50 on the same day.

Accordingly, the defendant used lost credit cards and received property equivalent to 70,010 won in total at the market price by deceiving the victims.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of statutes on the details of use of one card, which is a damaged product;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen articles), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit card), Article 347(1) of the Criminal Act (the use of lost credit card), the selection of fines;

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

1. Articles 70 (1) 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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