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Reasons
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(영문) 서울북부지방법원 2018.02.06 2017고정2303
사기등
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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

The defendant is a mother and child.

1. Around 23:00 on January 13, 2017, the Defendant and B, while getting on and off the subway 1 line in the vicinity of the new station located in Dongdaemun-gu Seoul Metropolitan City, Dongdaemun-gu, the Defendant and the Defendant found the Defendant’s 30,000,000,000 won of the market price, based on the following: (a) 1:30,000,000 won, for the victim’s possession price, which is equivalent to the KRW 1,30,000,000,000,000,000 won under the influence of alcohol; (b) 1:3:00,000,000 won of the market price; (c) one card; and (d) one Japanese book.

The Defendant and B, without taking necessary procedures such as returning the above acquired property to the victim, embezzled the property he/she had in mind.

In this respect, the defendant and B embezzled the property that has ceased to possess the victim in collusion.

2. The Defendant and B, in violation of the Act on Finance Business Specializing in Fraud and Credit Business, have taken the mind that they used C’s credit card acquisition as if they had legitimate possession.

Accordingly, around January 14, 2017, the Defendant and B purchased goods equivalent to KRW 27,820 from the F convenience store operated by the victim E in Jung-gu Seoul Metropolitan Government, and presented it to an employee as if he/she had the right to use the above-mentioned C card, and used the credit card acquired nine times as shown in the list of crimes in attached Table, such as the payment, and the preparation and issuance of sales slips equivalent to the above amount.

In this respect, the defendant and B conspiredd the victim, thereby acquiring and using the lost credit card equivalent to the sum of 47,020 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning the suspect B of the police;

1. C’s statement;

1. Reports on internal investigation (informating mobile routes);

1. Investigation reports (verification of letters posted for sale in Nowon-gu);

1. A protocol of seizure and a list of seizure;

1. Receipts:

1. Application of the CCTV-cap photograph Act 1.

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