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(영문) 창원지방법원 2018.06.20 2018고정218
사기등
Text

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

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 December 23, 2017, the Defendant, from around 06:00 to around 06:00 on the same day, found the KB national card lost by the victim C (V, the age of 26) due to his care in the street around the G G in Kimhae-si, Kim Jong-si.

The Defendant, without taking necessary procedures such as returning the property of the victim acquired as such, embezzled the victim’s thought that he had.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On December 23, 2017, at around 09:05, the Defendant, while placing an order for food, obtained property benefits by way of settling KRW 2,800 by Doing 2,80,00, after completing the national card under the name of another, he/she acquired as in the preceding paragraph, presented it to his/her card-type restaurant employees.

B. On December 23, 2017, the Defendant, at around 09:53, 09:53, obtained a national card under the name of another person, such as the foregoing paragraph, by presenting his/her card seal form to the same person or his/her employees, and by settling KRW 55,000 in 10,000.

(c)

On December 23, 2017, the Defendant earned property benefits by way of settling 97,140 won, including 12,900 won and 84,240 won in a total of two occasions, by completing the national card under the name of another, which he acquired, such as the preceding paragraph, to his card-type employees.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police;

1. Application of the Acts and subordinate statutes on the sales slips of cards;

1. Relevant Article 360 of the Criminal Act, Articles 360 (1) and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Business, and fine for a fine for a crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order;

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