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(영문) 부산지방법원 2017.02.09 2016고정4121
사기등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. On May 12, 2016, the Defendant: (a) acquired one copy of the Agricultural Cooperative Card lost by the Victim D (21 aged) within the Daegu C Station located in Daegu, on May 12, 2016; and (b) embezzled it without following necessary procedures, such as returning it to the victim.

2. Fraud;

A. On May 12, 2016, the Defendant purchased an amount equivalent to KRW 105,00 in the amount of KRW 2,00,00 in the E convenience store in Daegu City, Daegu, equivalent to KRW 96,00,00, and suggested as if the Defendant was a credit card holder of the said paragraph, the Defendant acquired D’s credit card equivalent to KRW 1,2,000 in the amount of KRW 2,00 in the amount of KRW 1,5,00 in the amount of KRW 1,5,00 in the land bean C, KRW 2,00 in the amount of KRW 2,00 in the amount of KRW 1,00 in the amount of KRW 1,05,00 in the amount of KRW 3,00 in the amount of KRW 1,00 in the instant card.

B. On May 12, 2016, around 17:54, the Defendant, at F convenience stores in Daegu-si C Station, presented as if the Defendant was a credit card holder owned by the Defendant, and had his employees pay the FF card of KRW 4,000, the amount of which is equivalent to KRW 500,000, and at least KRW 148,000, KRW 24,000, KRW 50, KRW 176,000, KRW 5,000, KRW 176,000, and acquired the FF card of KRW 176,00.

3. The Defendant in violation of the Act on Financial Business Specializing in Credit was using the new G card obtained through two times in the same manner as the entry in paragraph 2 at the same time and place as the entry in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (specific as a suspect) and a report on investigation (on-site investigation, etc.);

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the Act on the Selection of Punishment (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), and Article 70 of the Act on the Financial Business Specializing in Credit.

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