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(영문) 전주지방법원 군산지원 2015.04.01 2014고정564
사기등
Text

A defendant shall be punished by a fine of 400,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 18:00 on May 9, 2014, the Defendant embezzled that he/she would have on his/her own think, without following the necessary procedures, such as acquiring one wall equivalent to KRW 5,000,00,000, which includes cash owned by the victim D, new cards, modern cards, etc., and returning it to the victim.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On May 9, 2014, around 18:18, the Defendant purchased goods equivalent to KRW 18,000 using a D’s new card that he/she acquired against the victim’s Maart business owner, and continuously purchased goods equivalent to KRW 105,00 in the same manner as on the same day, around 18:20 on the same day.

Ultimately, the Defendant used the lost credit card twice as such, and received goods equivalent to the sum of KRW 123,00 from the victim by deceiving the victim.

B. At around 18:27 on the same day, the Defendant purchased goods equivalent to KRW 33,200 by using D’s modern card that he acquired against the victim, the victim, from “FE” located in Si/Gunsan-si B.

Ultimately, the Defendant used the lost credit card, and by deceiving the victim, received goods equivalent to KRW 33,200 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of an inquiry into the details of domestic credit card use, real-time statement, and statutes on the real-time use of the credit card;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 347(1) of the Criminal Act (Fraud) and the choice of punishment, Article 70(1)3 of the Specialized Credit Finance Business Act (the use of lost credit cards), Article 360(1) of the Criminal Act (the use of lost credit cards), the selection of fines;

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. The order of provisional payment;

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