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(영문) 대전지방법원 천안지원 2013.07.04 2013고정40
사기등
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

On September 28, 2012, at around 23:52, the Defendant purchased two cases equivalent to the total market value of 54,000 won from the C department located in Dong-gu, Nam-gu, Dong-gu, Yong-gu, Seoul, and presented E’s physical fitness card that was stolen to the victim D as his/her card, and had the victim know that the above physical fitness card was stolen pay for the goods with the above physical fitness card.

Accordingly, the defendant used stolen debit cards, and acquired property equivalent to 54,000 won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Ethical Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1)3 of the Specialized Credit Financial Business Act and Article 70(1)3 of the Specialized Credit Financial Business Act and the selection of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize the defendant's error, the agreement with E is reached, the criminal records and relationship of the defendant, the defendant's old age, and other circumstances that are conditions for sentencing such as character, conduct and environment of the defendant.

1. On September 28, 2012, the Defendant: (a) around 23:40 on September 28, 2012, and around 23:40, the Defendant: (b) set up a cell phone case on his table; (c) performed drinking, such as the same name, and carried out drinking; and (d) carried out a cell phone case between the Defendant and the Defendant’s seated.

As a result, the Defendant stolen the mobile phone case of an amounting to 10,000 won in the market price and one set of ELS LST which is equivalent to 960,000 won in the market price, one set of mobile phone mobile phones, one set of ELS-based mobile phone, one set of new global point card, one set of national body card, and one set of modern IM card.

2. According to the records, the Defendant on March 7, 2013.

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