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(영문) 수원지방법원 성남지원 2019.07.09 2019고정329
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On January 23, 2019, the Defendant: (a) discovered a credit card of the Nonghyup Bank owned by the injured party and returned it to the injured party on the front road of the “C” located in Gwangju-si, Gwangju-si (50 years of age) around 17:00; and (b) did not take necessary procedures, such as returning it to the injured party.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

On January 23, 2019, the Defendant, in violation of the Specialized Credit Financial Business Act, by deceiving the said employee by presenting the D’s credit card acquired from the employee as if he were his own credit card from the “F” located in Gwangju-si, Gwangju-si, and by deceiving the said employee as if he were his own credit card, and by deceiving the said employee, by deceiving the said employee six of his personal items, including 15,100 won, and using the lost credit card.

On January 23, 2019, the Defendant enticed the manager by presenting D’s credit card acquired from the manager as if he were his own credit card in the G G located in Gwangju-si, Gwangju-si, by suggesting that the manager was his own credit card, and then deceiving the manager by acquiring one inside light light amounting to KRW 350,000 from the above manager, and acquired it by defrauding it, and used the lost credit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statement;

1. Application of a receipt (13 pages of investigation records), text messages on the approval of cards, and the Acts and subordinate statutes that capture CCTV images and photographs;

1. Relevant statutory provisions of Article 360(1) of the Criminal Act (the point of embezzlement of stolen items), Article 347(1) of the Criminal Act (the point of fraud), Article 70(1)3 (the point of use of lost credit card) of the Specialized Credit Financial Business Act, and selection of fines for crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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