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Reasons
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(영문) 서울서부지방법원 2014.10.22 2014고정1796
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. At around 04:00 on June 8, 2014, the Defendant, while making a conversation with the victim D who was known to the victim before the ‘C' club located in Yongsan-gu Seoul, Yongsan-gu, Seoul, rejected the Defendant’s “one million won or more of the victim’s market price, thereby cutting off approximately one million won of the victim’s market price owned by the victim, and thereby cutting off the victim’s gallonian 2 smartphones, approximately 200,000 won of market price, and credit cards, etc. contained therein.

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

A. On June 8, 2014, around 05:02 on June 8, 2014, the Defendant used the above D’s credit card and used the stolen credit card to obtain property benefits from the victim by deceiving the victim by signing the sales slip in order to pay liquor payment amounting to KRW 30,000 in the market price from the “F club operated by the victim under the false name in Yongsan-gu Seoul Metropolitan Government E” as of June 8, 2014.

B. The Defendant, around June 8, 2014, committed a crime around 06:22, on June 8, 2014, paid the taxi fee of an amount equivalent to KRW 3,500, while using a taxi operated by the victim under his/her name in the Dong-dong, Yongsan-gu, Seoul Metropolitan Government up to KRW 1,500, the Defendant used the credit card owned by the stolen owner under the above paragraph (1) and used the stolen credit card to obtain property benefits from the victim by deceiving the victim by signing the sales slip.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements prepared in D;

1. Photographs of damaged articles;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of each stolen credit card), and the choice 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)1 of the Criminal Act for the detention of a workhouse;

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