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(영문) 부산지방법원 서부지원 2019.08.22 2018고정996
사기등
Text

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

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

Reasons

Punishment of the crime

1. On February 6, 2018, the Defendant: (a) acquired one scambling card, which is the ownership of the victim C, in the city of Busan, Seo-gu, Busan, and the victim C, around 22:05.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On February 6, 2018, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased two cigarette at the F convenience point of the victim E’s operation located in Busan Seo-gu, Busan, and (b) presented the following as if he was his own, and then, (c) he was sent 1 1 lux, 1 lux, 1 lux, and 90,000 won of the price, and acquired property and used the lost credit card.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of a written statement, a receipt, or CCTV-cap photograph Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act that allows the choice of punishment (the point of embezzlement, the choice of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines) and Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit cards, and the selection 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) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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