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(영문) 수원지방법원 안양지원 2018.04.03 2017고정918
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On July 27, 2013, the Defendant: (a) on July 27, 2013, at the time of cash withdrawal in front of the mutual influence located behind the public announcement of the inside-dong location of the Mayang-dong at Ansan-si; and (b) on July 27, 2013, the Defendant acquired a new card in the victim’s name C, who was lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On July 28, 2013, when purchasing goods (tobacco) equivalent to KRW 2,700 from a person who suffers from an infinite damage in his/her name, the Defendant acquired another’s property by illegally using another’s credit card acquired 10 times in total, as shown in the list of crimes attached to the attached Table No. 1, by 16:30 on the same day, including presenting the credit card acquired under the name of C as if he/she were his/her credit card and receiving property by settling the account as if he/she were his/her own credit card, and by 16:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to the entire details of personal approval;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the crime of embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the illegal use of credit card) of the Act on Specialized Financial Business, 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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