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(영문) 서울남부지방법원 2013.11.04 2013고정3095
사기등
Text

A defendant shall be punished by a fine of 400,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 13, 2013, the Defendant: (a) obtained one copy of Samsung Credit Card, which the victim B (V, the age of 31) lost from the subway ballot-counting place adjacent to the Gangseo-gu Seoul Metropolitan Government Seocheondong Gasan Station; (b) and returned it to the victim; and (c) embezzled it on his own idea without following the prescribed procedures.

2. At around 22:20 on the same day, the Defendant violated the Specialized Credit Financial Business Act: (a) unlawfully used a total of KRW 49,240 for the purpose of settling four items, including cosmetics in Gangseo-gu Seoul Metropolitan Government, including the cosmetic 25,000 won; (b) on the same day, the Defendant used a total of KRW 56,00 for the purpose of settling one of the cosmetic cream in the same place at around 22:22 at the same time.

3. The Defendant, at the time and place of the above paragraph (2) above, by deceiving the Defendant as if he were the victim B of the above Paragraph (1) at the same time and at the same time, by deceiving the Defendant as if he was the victim B of the above Paragraph (2), he acquired the amount equivalent to 49,240 won for four items, such as the Invinasium 49,240 won and the amount equivalent to 56,00 won for the Tamine Gafa Cream, and the amount equivalent to 105,240 won for five items.

4. The Defendant attempted to commit fraud, around 22:31 on the same day as the above paragraph (1) and 22:31 on the day, presented Samsung Credit Card lost by the victim under the above paragraph (1) to the business owner within the “Fmaner” located in Gangseo-gu Seoul Metropolitan Government, and deceiving the victim under the above paragraph (1) as if he were the victim under the above paragraph (1), and tried to purchase the amount equivalent to KRW 9,400, such as milk, ice cream, etc., but the credit card was lost

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on receipts used in D;

1. Relevant Article 347(1) of the Criminal Act and Articles 352 and 347(1) of the Criminal Act concerning criminal facts, the choice of punishment (Fraud).

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