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(영문) 전주지방법원 2017.08.24 2017고정454
사기등
Text

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

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

Reasons

Punishment of the crime

1. On March 19, 2017, at around 06:00 on March 19, 2017, the Defendant embezzled, without taking necessary procedures, such as returning it to the victim, even though he/she acquired a copy of the D convenience card of the city in which the victim E is lost, which is the victim’s ownership, in front of the D convenience store located in Geumcheon-gu Seoul Special Metropolitan City.

2. Around March 19, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business (hereinafter “FF”) purchased goods, etc. totaling 60,000 won, by deceiving victims six times in total, as listed in the list of crimes in the attached Table, by suggesting that the Defendant was a legitimate holder of the above victim and presenting the FF card lost as stated in the above “1” to the said victim as if the Defendant was a legitimate holder. In addition, the Defendant purchased goods, etc. totaling 60,000 won by deceiving victims on six occasions in total, as stated in the list of crimes in the attached Table.

Accordingly, the defendant, by deceiving the victims, received property and used the lost check card.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to police seizure records, internal investigation reports and investigation reports (to hear statements of victims);

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (including the use of lost debit cards and including the use of lost debit cards) of the Act, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), the selection of fines;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against a crime of violating the Act concerning the most severe credit-related financial business);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant found the body card of the victim and used it in mind.

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