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(영문) 서울동부지방법원 2017.11.24 2017고정1184
사기등
Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in a proxy driver's work, and is between the victim B (the age of 20, the remaining) and the victim.

A. From February 15, 2017 to February 15, 2017, the Defendant’s embezzlement of deserted articles in possession.

2. On 16. 01:37, the injured party found a new e-mail card that was lost at a e-mail location, but without following the procedure for returning it to the injured party, he/she embezzled it on his/her own idea.

B. Around February 16, 2017, the Defendant paid 2,150 won a bus fee of 01:37 around February 16, 2017 with the physical card obtained, such as the above “A” and the Defendant used 216,350 won in total over 182 times during the period of April 18:34, 2017, as indicated in the following list of crimes.

Accordingly, the defendant acquired property profits equivalent to 216,350 won in total using the embezzled eck card.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (the confirmation of CCTV images of victim's internal investigation and CCTV terminal in Seoul Southern District);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 (the point of fraudulent use) of the Act on Specialized Financial Business for Credit, and the choice 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act provides that the defendant recognizes and reflects the crime, the victim does not want the punishment by mutual consent with the victim, the defendant's age, sex, criminal records, criminal records, the means and consequence of the crime, and the conditions of sentencing specified in the trial process of this case, including the circumstances after the crime, shall be determined as ordered by taking into account all of the following factors.

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