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(영문) 의정부지방법원 2017.09.28 2017고정658
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On September 3, 2016, around 21:00, the Defendant: (a) took care of the victim D, who was located around the 1st floor of the “Curel” in Gyeonggi-si, Gyeonggi-si; and (b) took advantage of the victim’s national card in the process of calculating the curine cost; (c) caused the victim to fall on the floor. (d) On September 3, 2016, the Defendant violated the Act on Financial Transactions Specializing in Fraud and Credit, around September 20:4, 2016, moved from the “Curel” to the place of fire, and then, (d) took advantage of the curel’s name from the “Curel” to the place of fire, and (e) took advantage of the curine’s legitimate holder of the curine’s card as described in the “1” and received property profits from the 3,000 won of the curine’s share of the said credit card and received property profits from the 6.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Investigation report (a statement made by a suspect A using the victim's national card that he/she stolen) and a detailed statement of transaction (a statement made by a person who has committed a theft using the stolen object);

1. Application of the Acts and subordinate statutes to a stolen photograph, closure photograph (for the purpose of reporting theft confirmed to the victim);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (generally, the point of use of credit card fraud), and the choice of fines, respectively;

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 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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