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(영문) 수원지방법원 안산지원 2014.01.21 2013고정1474
여신전문금융업법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 3, 2012, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) purchased tobacco with the acquisition of a credit card (on the face card E) lost at the C convenience store located at Silung-si, B; (b) presented the said credit card to the said C branchr, who is aware of the fact, to be exempted from the obligation to pay the price by settling the amount of KRW 2,700, thereby acquiring and using the lost credit card; and (c) from that time until August 3, 2012, the Defendant acquired and used the lost amount of property benefits by paying the said amount of KRW 2,700, and (d) from that time until August 3, 2012, by paying the total amount of KRW 103,150 by paying the price for the goods, etc. using the said credit card eight times in total as indicated in the separate crime list.

2. Around 15:00 on August 14, 2012, the Defendant ordered 15,000 won in total at the market price of the clothes, small liquor, and small liquor, etc. in the restaurant operated by the Victim G in Sin interest.

However, even though the defendant did not have any intention or ability to pay the price because of the absence of money, he was provided by the victim with the foregoing alcohol and he did not pay the price.

Accordingly, the defendant, by deceiving the victim, obtained property benefits equivalent to 15,000 won.

Summary of Evidence

[Fact 1]

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Police seizure records;

1. Investigation report (10 pages of evidence);

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. Receipts:

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (where evidence is recorded, seven pages);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense (Fraud, Selection of fines) and Article 70 (1) 3 of the Specialized Credit Financial Business Act (the fact of using an lost credit card and the selection of fines);

1. Article 37 of the Criminal Code among concurrent crimes.

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