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(영문) 대구지방법원 2015.05.22 2014고단3989
사기등
Text

Defendant shall be punished by a fine of four million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On March 18, 2010, the Defendant was sentenced to five years of imprisonment with prison labor for special robbery, etc. at the Daegu District Court on May 13, 2010, which became final and conclusive on May 13, 2010, and the parole period was terminated on February 28, 2014 during the execution of the sentence, and the parole period was terminated on August 21, 2014.

1. Around 01:00 on April 7, 2014, the Defendant: (a) acquired each one set of the Daegu Bank C’s check cards, new card, Samsung Card, and Samsung Card, which were contained in the victim C’s cell phone cases, within the public telephone boxes near the Daegu Suwon-gu Madle-gu Madle-gu Madle-gu.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. On April 7, 2014, the Defendant violated the Fraud and Credit Specialized Financial Services Act committed as if he were the lawful holder of the Daegu Bank Card, which acquired as stated in paragraph (1), notwithstanding the absence of the intent or ability to normally pay the price at a non-place on April 7, 2014, and paid the taxi price equivalent to KRW 8,520,00 from the above date to 04:50,000, by deceiving the victims over ten times in total, such as in the list of crimes, from the above date and time to the date of 04:50,000 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of damaged articles, investigative reports (Submission of details of damage), specifications of transactions, and details of domestic use cards;

1. Relevant Article 360 (1) of the Criminal Act (the embezzlement of stolen items), Article 347 (1) of the Criminal Act (the fraud point), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of lost credit cards or debit cards, and each credit card);

1. Each selective fine for punishment;

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