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(영문) 수원지방법원 2013.05.16 2013고정1018
사기등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 29, 2012, the Defendant was sentenced to imprisonment for three years in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), etc. of Suwon District Court 2012 Gohap351, and was sentenced to imprisonment for three years at Seoul High Court 2012No3065 on November 1, 2012 and the judgment became final and conclusive on November 9, 2012;

1. On April 27, 2012, around 09:58, at D operated by the victim C in the East Sea as of April 27, 2012, the victim C purchased one half of the net gold-to-one money, and, at the same time, presented the victim’s new card, and settled the payment as one’s own. The victim received a half of the net gold-to-one amount equivalent to KRW 270,000 from the victim, by fraud, and used the stolen

2. On April 27, 2012, around 10:02, at H, operated by the victim G in the East Sea F, purchasing three copies of gold certificates of KRW 100,000,000, which were operated by the victim G in the East Sea, by presenting the stolen E card to the victim as one of his/her own view, and the payment is settled, by acquiring the stolen gift certificates of KRW 300,000 from the victim, and the stolen credit card was used.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer to I;

1. A E-document;

1. Copies of sales slips by credit cards;

1. Evidence photographs (a suspect taken at a J hospital, D, or H);

1. Report on the occurrence of thief incidents;

1. Report on the results of confirmation before disposition and before confirmation, and application of Acts and subordinate statutes of investigation report (in cases involving a suspect A trial, filing of judgment in a case);

1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, and selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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

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