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(영문) 서울동부지방법원 2018.02.13 2017고정1756
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 03:00 on May 28, 2017, the Defendant embezzled, on his/her own idea, he/she did not take necessary procedures, such as returning to the victim, even though he/she acquired one copy of the cream card lost by the victim B in the street in the vicinity of the mutual influent fluorial family located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and one resident registration certificate.

2. On May 28, 2017, at around 03:33, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant was committed as if he/she had a legitimate right to use the No.C. card, presented to the victims of the non-registered victims of agricultural cooperatives, such as paragraph (1), in order to purchase tobacco 1 A at the “D convenience store” located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

However, at the time of fact, the defendant did not have any intention or ability to make payment by other normal means as well as the absence of legitimate use of the above Nonghyup Card.

Nevertheless, the defendant deceivings the victim as above and was delivered to the victim Gap a tobacco amounting to 4,500 won from the seat of the victim.

The Defendant received property or services equivalent to KRW 349,500 in total from the victims by using physical cards that B lost on six occasions, as indicated in the list of offenses, between May 28, 2017 and May 28, 2017.

Accordingly, the defendant used the lost physical card and acquired economic benefits by deceiving the victims respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of card transactions and application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1)3 of the Criminal Act, Article 70(1)3 of the Act on Specialized Credit Financial Business (Unlawful use of debit cards), Article 360(1) of the Criminal Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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