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(영문) 울산지방법원 2017.08.03 2016고단4483
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On November 22, 2016, the Defendant: (a) up to 16:30 on November 22, 2016, at the second apartment road located in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) on the front day of the second apartment road, the Defendant acquired a copy of credit card on a lot owned by the victim D who lost the victim D.

The defendant did not follow necessary procedures such as returning the above acquired property to the victim and did so.

Accordingly, the Defendant, in collusion with the above C, embezzled the property that was separated from the possession of the victim.

2. On November 22, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) ordered “F” restaurant located in Ulsan-si, Nam-gu, Ulsan-si, to drink with the above “F” restaurant; (b) presented the card to employees in the name of the victim as if he was his credit card; and (c) required to pay KRW 10,000,000 as a total of 11 times from around that time to November 23, 2016, as in the list of crimes, to pay KRW 274,450, as in the list of crimes.

In collusion with the above C, the Defendant acquired property benefits equivalent to KRW 274,450, and used lost credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Written statements of D;

1. Application of three Acts and subordinate statutes to the details of cards used by a lot, and to photographs and receipts by capturing each screen image;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Financial Business Specializing in Credit, Articles 360(1) and 30 of the Criminal Act, Articles 360(1) and 30 of the Criminal Act,

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (less than KRW 100,00) of the basic area (from June to June) of the scope of the recommended punishment on the sentencing criteria; and

2. Circumstances disadvantageous to reasons for sentencing: The defendant has a record of punishing the same kind of fine several times between the last ten years and has not yet been repaid.

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