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(영문) 서울남부지방법원 2017.01.18 2016고정2757
사기등
Text

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

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

Reasons

Punishment of the crime

1. From around 22:00 on June 17, 2016 to around 22:50 on the same day, the Defendant was found to have boarded the victim B (46 years of age, rar) from the subway 5 line located in the Dong of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the 5 line of the Fire-Fighting Railway of Gangseo-gu Seoul, and found that the Defendant fell into the 140,000 won in cash, resident registration certificate, credit card (new, one, one, a company, Samsung), 4, and 1 head of the SC C C C C Card.

As seen above, Party A, without returning to the victim or undergoing any reporting procedure, embezzled as one’s own idea.

2. Violation of the Act on Financial Business Specializing in credit and fraud;

A. On June 17, 2016, around 22:50 on June 17, 2016, the Defendant purchased the Hean Tobacco that was equivalent to the market price of KRW 76,500 from the D’E convenience store located in Gangseo-gu Seoul Metropolitan Government, and obtained property benefits by settling the new card in the name of B, which was obtained from the above “1.”

B. From June 17, 2016 to 23:050 on June 17, 2016, the Defendant was provided with music room expenses of an amount equivalent to KRW 25,000 and drinking water of an amount equivalent to KRW 136,00 from Gangseo-gu Seoul Metropolitan Government FB02 and “G music practice place,” and the Defendant was provided with the same in the name of “1........” and the Defendant was provided with the same in the name of “B” and was provided with the same in the form of “B” on two occasions, thereby taking property benefits by settling the same in both

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of each victim of the B, H and I;

1. Investigation report (investigation into victim's card users);

1. Application of Acts and subordinate statutes confirming personal sales;

1. Relevant Article 360 of the Criminal Act concerning criminal facts, Article 360 of the Criminal Act (the embezzlement of deserted articles in possession), Article 70 (1) 3 of the Act on Financial Business Specializing in Credit, Article 347 (1) of the Criminal Act (the use of lost cards) and the selection of fines, respectively;

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

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

1. The order of provisional payment;

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