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(영문) 광주지방법원 2021.01.14 2020고단5300
사기등
Text

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

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

Reasons

Punishment of the crime

1. On September 16, 2020, the Defendant’s theft: (a) on September 21, 2020, within the main point of “C” located in “C” located in Gwangju Northern-gu, Gwangju; (b) the “E” written indictment is a clerical error; and (c) thus, it is corrected.

(V) The victim’s name Hand-phones carried in a victim’s Hand-phone case of his spouse (57 years old and 57 years old) taken out one credit card as they are.

The theft was committed in a way that they were stolen.

2. On September 16, 2020, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) presented a stolen credit card as if the Defendant was the owner of the Defendant, as described in paragraph (1), at the main point of “G” operated by the victim who was unable to know the name located in Gwangju North-gu, Gwangju, as stated in paragraph (1), and obtained pecuniary benefits equivalent to 150,000 won in total from the victim, and used the stolen credit card.

3. On September 17, 2020, the Defendant attempted to acquire economic benefits equivalent to the above money by suggesting that the credit card was owned by the Defendant, as stated in paragraph (1), at the J, operated by the victim I in Gwangju Northern-gu around 00:14, the Defendant purchased cans, 1, balna, balna, 1, and 1, falin tobacco in the name of D, which was stolen as stated in paragraph (1), and attempted to obtain economic benefits by allowing the victim to settle the loss of the said D. However, the Defendant refused to report the loss of the said D and failed to realize the intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The sales slips of each card;

1. Inquiries about the details of approval;

1. Application of investigation reports (victim's statement, etc.), internal investigation reports (verification of CCTV images of the scene and card-using CCTV), internal investigation reports (the statement of settlement of cards submitted by the victim), investigation reports (related to the appointment of card-using places), and Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Specialized Credit Financial Business (a point of fraud), and Article 70(1) of the Act on Specialized Credit Financial Business (a point of use of stolen credit cards).

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