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(영문) 부산지방법원 2019.01.14 2018고정1780
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. A theft Defendant: (a) around 14:40 on February 9, 2018, at the parking lot of the first floor of the set Cmate located in Gold-gu, Busan, Simpo-si; (b) on the part of the victim D, on the part of the victim D, on the part of the victim D, and on the part of the victim D, on the part of the victim Cmate with cash KRW 2.30,000,000, was stolen.

2. The Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 15:41 on the same day, at the “G convenience store” operated by the Victim F in Busan City, Jin-si, Busan; (b) as if he completed the F’s credit card from the stolen wall, and (c) as if he was F, the Defendant purchased the right of cultural products equivalent to KRW 20,00 by allowing F to pay the price for KRW 5,00,00,000, KRW 20,000,000 in the above card; and (d) around that time from that time to 16:03 on the same day, the Defendant used the stolen credit card at least four times in the same manner as written in the list of crimes, and acquired property worth KRW 361,500,00 from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of F and H;

1. Application of the investigation report (number 11) Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (a point of illegality of credit card), and the choice of fines;

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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