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(영문) 부산지방법원 동부지원 2018.07.18 2018고정376
사기미수등
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

1. On November 17, 2017, the Defendant embezzled the victim’s property that he/she had, on his/her own idea, left the possession without following necessary procedures, such as acquiring the F-Physical Card lost by the victim E and returning it to the victim, which passed through the Busan Shipping Daegu bus stops around 18:26, but around 200 Busan Metropolitan Government bus stops.

2. On November 17, 2017, the Defendant violated the Act on Specialized Credit Financial Business: (a) around 18:36, the Defendant illegally used the check cards acquired five times in the same manner as the list of crimes in the attached Form No. 2017, including settling accounts for the victim’s F bodyke cards acquired after the transportation cards acquired, such as paragraph (1), in the subway station in Busan Metropolitan City, Busan Metropolitan Transportation Daegu. In other words, the Defendant used the check cards acquired five times on November 18, 2017.

3. On November 17, 2017, the Defendant attempted to commit fraud: (a) requested the manager of the above pharmacy to approve the terminal period by presenting the physical card acquired as set forth in paragraph (1) in order to purchase one “Aro-do or Cined” equivalent to KRW 26,000 in the market price from “H pharmacy” located in G of the Busan Dong-gu, Busan; (b) however, the Defendant failed to obtain approval for the balance of the card due to lack of credit; and (c) failed to receive the said goods and attempted to receive the said goods without being supplied.

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a investigative report (a photograph by cutting down a black stuff image and cutting down a ma card answer);

1. Relevant legal provisions for facts constituting an offense, Articles 352, 347(1) (a) and 360(1) (a)) of the Criminal Act for the choice of punishment, and Article 70(1)3 (a) of the Act on Specialized in Credit Financial Business (a comprehensive use of a debit card) of the same Act, and the choice of fines, respectively;

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;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged (the violation of the Act on Financial Business Specializing in Credit) is around November 17, 2017.

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