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(영문) 대전지방법원 2017.12.22 2017고정1259
사기등
Text

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

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

Reasons

Punishment of the crime

The defendant lacks the ability to discern things or make decisions due to a mental disorder of grade I, due to a mental disorder of grade I.

1. On May 3, 2017, the Defendant embezzled a 10,000 won in cash and a 300,000 won in a new physical card owned by the victim B within the four-distance history of Daejeon Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant embezzled a vegetable of KRW 10,00,00 in cash, and embezzled a 300,000 won in a new physical card, without taking necessary procedures, such as returning to the victim.

2. On June 3, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit-based Financial Business: (a) paid KRW 1,250,00 after boarding a bus No. 701 at a high-speed bus stop at the Seo-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), Seo-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

The defendant from May 3, 2017

6. 3. By up to 6.3. The total sum of 73,250 won was settled over 87 times, such as the list of offenses in the annexed sheet.

3. On June 4, 2017, the Defendant, who attempted fraud, presented a card in order to settle KRW 29,000, while purchasing 29,00 for Blus earphones with the victim’s new physical fitness card in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, as described in the foregoing 1. However, the Defendant refused to approve it to the extent that it exceeded the limit and did not achieve the purport.

From May 3, 2017 to June 4, 2017, the Defendant presented the victim’s card at a chain store more than four times in total, as shown in Appendix II, but was refused to grant approval, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim B;

1. Photographss of CCTV images-faculing and photo-faculing stuffs images;

1. A detailed statement of use of transportation cards;

1. Application of Acts and subordinate statutes to a full statement of refusal to approve;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the choice of punishment (including each fraud, inclusive) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act (including attempted fraud, inclusive) of the Criminal Act, and Article 70(1)3 of the Act on Financial Business Specializing in Credit.

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