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(영문) 인천지방법원 부천지원 2016.06.22 2016고정451
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. On May 4, 2015, the Defendant solely committed a crime, on the front day of the “C Mart” located in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City on May 4, 2015, acquired a copy of a debit card of a national bank, the victim D lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On May 14, 2015, the Defendant and the Defendant conspired to purchase goods at a convenience store, etc. using the H’s credit card that was stolen from “G” restaurant located in “G” restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and D’s debit card that he/she acquired as above.

E, as the above public offering was made on May 5, 2015, at the “J convenience store” located in Seocheon-si, Seocheon-si, Seoul Special Metropolitan City on May 16:23, 2015, purchased parcels of liquor and tobacco, etc. and settled KRW 12,600 for goods by presenting the above debit card to the victim’s name, the owner of the place of business, who was the legitimate holder of the debit card acquired by Defendant A, as described in the above 1.

The Defendant conspired with E by the aforementioned method from May 14, 2015 to May 21:33, 2015, by deceiving the victims on three occasions, such as the list in the annexed crime list, and by which H used the stolen credit card and the debit card lost.

Summary of Evidence

1. Statement of each protocol concerning the suspect examination of the police against the accused;

1. Statement concerning the suspect interrogation protocol of each police officer regarding E;

1. Application of any of the Acts and subordinate statutes described in the K's statement and D's copy;

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the option of criminal punishment (the embezzlement of deserted articles in possession), Articles 347(1) and 30 of the Criminal Act (the fraud point) of the Criminal Act, Article 70(1)3 of the Act on Special Cases of Credit Financial Business, and Article 30 of the Criminal Act (the loss of a secret) of the Criminal Act.

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