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(영문) 서울서부지방법원 2013.09.10 2013고정1350
사기등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On January 24, 2013, the Defendant: (a) on January 24, 2013, 22:31, 2013, the victim C, who was boarding the back seat of the cab vehicle B operated by himself in Mapo-gu, Mapo-gu, Seoul, was found to have obtained the handets containing the Samsung Card owned by the victim, which was damaged

The Defendant did not follow necessary procedures, such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind, and lost the possession of the victim.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On January 25, 2013, the Defendant purchased tobacco of an amount equivalent to KRW 27,000 from the “E” store located on the Goyang-gu Seoul Metropolitan Government D1st floor D in Gyeyang-gu, Seoyang-gu, Yangyang-si, and acquired property benefits equivalent to the above amount by settling the payment with lost credit card as above, and by paying the lost credit card;

B. The Defendant, at around 06:32 on the same day, purchased tobacco equivalent to KRW 135,00 from the G convenience store located in Gyeyang-gu Seoul Metropolitan Government F, and settled with the lost credit card, thereby acquiring the above amount’s pecuniary profit;

C. At around 06:46 on the same day, the Defendant purchased 10 pieces of tobacco equivalent to KRW 250,000 from the I's point of convenience located in Seoyang-gu H in Yangyang-gu, Yangyang-gu, Yangyang-si, and paid the lost credit card and acquired the above pecuniary profit equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Statement of police seizure;

1. Application of Acts and subordinate statutes confirming details of use;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card, including the point of use of lost credit card), and selection of each fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for the reasons under Article 48(1)2 of the Criminal Act of confiscation;

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