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(영문) 대구지방법원 2019.08.20 2019고정84
사기등
Text

Defendant shall be punished by a fine of five 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 July 21, 2018, the Defendant found his/her property cream card owned by the Daegu Bank that was lost by the victim B (the age of 47) on the old-gu Dosan-dong street around 23:36 on July 21, 2018.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

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

A. On July 22, 2018, around 06:13, the Defendant: (a) purchased tobacco, etc. by presenting the instant Daegu Bank C’s e-mail card as if he/she was his/her card; and (b) settled 55,900 won and then acquired another person’s e-mail card.

B. At around 06:34 on the same day, the Defendant purchased the Victim G (53 years of age)’s “Hmar Empt P” in the management of the victim G (53 years of age), and paid 68,800 won to the Daegu Bank’s Cmar Card, such as “A,” by settling 68,800 won of the purchase price, and used the other person’s Cmar Card acquired.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. Application of Acts and subordinate statutes to investigation reports (related toCCTV image, sales slips attachment);

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost debit cards) and 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. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the accused.

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