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(영문) 수원지방법원 안양지원 2018.09.06 2018고정311
사기등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A. On March 29, 2018, the Defendant acquired a new physical fitness card that the victim D lost on the street in front of the store B located in Mapopopo-si, Mapo-si, Mapo-si, B.

Defendant 1 did not follow the necessary procedures such as returning the above-mentioned physical cards to the victim and embezzled his own idea.

B. The Defendant violated the Act on Specialized Credit Financial Business: (a) purchased goods equivalent to KRW 10,380 from “F point in Sinpo-si E” on the same day as the above paragraph (a); (b) settled it by using the cream card in the name of D obtained as above paragraph (a); and (c) continuously purchased goods equivalent to KRW 11,000 at the same place on the same day at around 04:37 of the same day; and (d) settled it by using the cream card in the name of D obtained as above paragraph (a).

(c)

On March 29, 2018, at around 04:36, 2018, the Defendant purchased goods from “F,” and presented D’s e-mail card obtained as above in the above paragraph (a), and then settled 10,380 won as if he/she was his/her own card, thereby acquiring property profits equivalent to that amount. The Defendant continued to purchase goods at the same place on the same day at around 04:37 of the same day and offered D’s e-mail card acquired as above in the above paragraph (a) and acquired property profits equivalent to that amount by settling 11,00 won of the purchase price of goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (a) of the relevant law, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act (a) (a point of fraud), Article 70(1)3 (a) of the Act on Financial Business Specializing in Credit, and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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