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(영문) 서울서부지방법원 2016.09.09 2016고정910
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A thief: (a) around 18:00 on September 29, 2015, at the victim C’s residence in Seodaemun-gu Seoul, Seodaemun-gu, Seoul and 402; (b) the victim’s locked was the victim who was suffering from clothes due to crepits; and (c) the victim was stolen with cash of KRW 120,00,000, KRW 5,000, KRW 5,000, KRW 23,000, KRW 100, KRW 5,000, KRW 10,000, KRW 10,000, KRW 23,000, KRW 10,000, KRW 40,000, KRW 40,

2. On September 29, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) around September 18:11, 2015, the Defendant: (b) taken a taxi operated by the victims of his name in Hongdong-gu Seoul, Seodaemun-gu, Seoul, and took advantage of the taxi in front of the so-called “EEart club” in Yeongdeungpo-gu; (c) presented that the Defendant had a legitimate authority, and then, (d) had the victim pay 10,400 won for the taxi fee of KRW 10,000,000; and (d) had the victim obtain pecuniary gains equivalent to the said amount from that time to 22:00 on the same day by deceiving the victims on a total of seven occasions, as indicated in the daily list of crimes, and used the so-called stolen checks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to CCTV image extraction data containing the details of transactions of the national card illegally used by the person under consideration, the details of receipt of the card, and the crime scene of the suspect;

1. Article 329 of the Criminal Act in relation to the facts constituting an offense (a point of intention), Article 347 (1) of the Criminal Act (a point of fraud) and Article 70 (1) 3 of the Act on Business Specializing in Credit-Related Financial Services (a point of use of stolen physical cards);

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

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