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(영문) 춘천지방법원 속초지원 2020.02.05 2019고단133
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A thief: (a) around February 6, 2019, at C365 automated coaches located in C365, Sincho-si B; (b) on the part of another victim’s 2th ATM device, the Defendant stolen the thief with a paper room containing an 69,000 won of the market price owned by the victim, which is located on the part of another victim’s ATM device, in excess of 69,000 won.

2. On March 9, 2019, from around 22:11 to 24:00, the Defendant embezzled, without following necessary procedures, the Defendant: (a) obtained Samsung gallon Y6 mobile phone, cash 10,000 won; (b) resident registration certificates; (c) corporate bank BC card (credit number F); and (d) corporate bank CC card (credit number F); and (c) he/she embezzled his/her idea he/she had to have.

3. Around March 10, 2019, the Defendant violated the Specialized Credit Financial Business Act and the Defendant: (a) purchased 11,120 won in total, as at the first convenience store operated by the Victim H in Young-si, Sinsi; (b) purchased 11,120 won in small amount of 11,120 won in the market value; (c) presented the E company bank BC card of the E company bank acquired as stated in the foregoing paragraph (2) as if it was a genuine card holder; and (d) settled the price as if it was a genuine card holder; and (e) obtained the lost credit card pecuniary profit equivalent to the same amount by illegally using the credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of D and H;

1. Application of the Acts and subordinate statutes to photograph photographs, response data, card approval slips and deposit and withdrawal cards, card slips, and I convenience CCTV images to the extent that the Acts and subordinate statutes are to be applied;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the occupation of embezzlement), Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the occupation of fraud), and the selection of fines, respectively;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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