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(영문) 부산지방법원 2018.09.11 2018고단3867
사기등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On August 25, 2018, the Defendant: (a) around 02:25, 2018, in the middle-gu Busan metropolitan shopping mall, where the victim D is under influence of alcohol in the middle-gu Busan metropolitan shopping stairs, the Defendant takes up one gallon with S7 portable phone at the other market price, and one gallon with the KB bank’s credit card in the case; (b) one gallon with the KB bank’s physical card with the KB bank; and (c) one gallon with the driving license.

They go back.

Accordingly, the defendant stolen the victim's property.

2. On August 25, 2018, at the Busan Dong-gu E and the first floor F convenience store, around 04:12, 2018, the Defendant purchased coffee, etc. from an employee who is his/her name-influor, and then suggested a stolen-in-form card for the payment of the price to the above victim as his/her lawful holder, as provided in paragraph 1, and had the victim pay 1,800 won of the price of the goods with the relevant physical card.

In addition, from that time until 10:51 on the same day, the Defendant purchased goods, etc. in total amounting to KRW 600,000,000 from convenience stores, etc. five times in total, as indicated in the list of crimes attached hereto, and settled the price with stolen physical cards.

Accordingly, the defendant, by deceiving the victims, acquired financial benefits equivalent to 6400,000 won in total, and used stolen debit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of one copy of the details of use of the check card;

1. Article 70 (1) 3 of the Act on Financial Business Specializing in Crediting set forth in Article 347 (1) 0 of the Criminal Act, which is applicable to a crime under the relevant Article 329 of the Criminal Act;

1. Selection of each alternative fine for punishment;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is as follows: (a) two years after suspension of the execution of imprisonment with prison labor for the defendant on March 28, 2018 due to the intrusion of structures at night at the Seoul Southern District Court due to larceny, etc.; and (b) two years.

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