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(영문) 광주지방법원 2013.08.29 2013고정1323
사기등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 4, 2013, the Defendant: (a) around 10:08, found a number of 60,000 won in the market price of the 4-dong community service center in the Seo-gu, Seo-gu, Seo-gu, Gwangju; (b) resident registration certificates, driver’s licenses, cash 96,000 won, post office body cke cards, and a number of 1,250,000 won in the market price of the 4-dong community service center in the Seo-gu, Seo-gu, Seo-gu, Gwangju.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property as above, without taking necessary procedures.

2. Violation of the Specialized Credit Financial Business Act, and fraud;

A. On May 4, 2013, the Defendant: (a) around 13:44, 2013, at the D restaurant located in Seo-gu, Seo-gu, Gwangju; (b) calculated the amount of KRW 19,000,000, by presenting the post office cream card embezzled as above to the State as if it were one’s own; and (c) obtained the amount of KRW 3 illness and 19,000; and (d) unlawfully used the

B. On May 4, 2013, at around 14:06, the Defendant: (a) presented to the State the post office cream card embezzled as above, and presented it to the State as if it was one’s own; (b) obtained the amount of money in amount of KRW 13,90,00, such as beer and beer; and (c) unlawfully used the check.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each statement of G and H;

1. Application of the Acts and subordinate statutes to photographs of text messages;

1. Relevant legal provisions for facts constituting an offense, 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 Financial Business Act (the point of illegality of debit cards) and 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) is that the defendant agreed with the victim B, that is the primary offender, and that Article 51 of the Criminal Act is applied.

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