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(영문) 대구지방법원 상주지원 2016.08.30 2016고정101
사기등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 19, 2016, at around 07:30, the Defendant embezzled a national bank producer card (D) with loss of the victim C at B E, but did not take necessary procedures, such as returning it to the victim, and embezzled as he/she thought he/she had.

2. Fraud;

A. On March 20, 2016, the Defendant: (a) took the process of purchasing tobacco, etc. at the F convenience store operated by the victim’s influent person E at the time of stay at around 00:29, the Defendant settled 12,050 won with the card he/she acquired as stated in the foregoing paragraph (1) as if he/she had given a legitimate right to use the credit card; and (b) acquired property profits by settling the accounts with 12

B. On March 20, 2016, at around 00:31, the Defendant: (a) took the process of purchasing tobacco, etc. at the I convenience store operated by the Victim H in G at the time of stay at around 00:31, the Defendant settled 45,000 won with the card he/she acquired as stated in the foregoing paragraph (1) and acquired pecuniary benefits.

(c)

On March 20, 2016, the Defendant: (a) took the process of purchasing tobacco, etc. in the L convenience store operated by the victim K in J at the time of stay at around 00:38; (b) paid 90,000 won with the card obtained as described in the above paragraph (1) as if he/she had a legitimate right to use the credit card; and (c) acquired property profits by settling the accounts with the card obtained as described in the above paragraph (1

(d)

On March 20, 2016, at around 01:09, the Defendant: (a) took the process of purchasing alcoholic beverages, etc. in the O convenience store operated by the victim N in M at the time of resident stay; (b) paid 33,800 won with the card obtained as stated in the foregoing paragraph (1) as if he/she had a legitimate right to use the credit card; and (c) acquired property profits by settling 33,800 won.

3. The Defendant violated the Act on Financial Business Specializing in Credit, at the time and place stated in the foregoing paragraph 2, unlawfully used credit cards lost as stated in the foregoing paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the defendant;

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