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(영문) 창원지방법원 진주지원 2018.09.13 2018고정229
사기등
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Around March 28, 2018, the Defendant found one female c 300,000 won in cash, which includes the “C’s loss of the victim D in the preceding street,” and E bank body c ke cards, etc. in Jinju-si B, Jinju-si.

Defendant 1 did not follow necessary procedures such as returning the above acquired articles to the victim and embezzled the article on his own mind.

2. Violation of the Act on Financial Business Specializing in credit, and fraud;

A. On April 1, 2018, if the Defendant purchased tobacco at “G convenience stores” located in Jinju-si F on April 1, 2018, the Defendant illegally used the e-mail card acquired by having the victim prepare and present the card sales slips, by settling 6,000 won by settling the card sales slips.

B. On the same day as in the preceding paragraph 21:05, the Defendant purchased bread at “I” located in Jinju-si, Jinju-si, and used 16,700 won by settling accounts in the same way as in the preceding paragraph.

Summary of Evidence

1. Statement made by the police against D;

1. Written statements of D;

1. Investigation report (attaching photographs, etc. of field CCTVs);

1. A criminal investigation report (Attachment to a settlement receipt);

1. An investigation report (for return of a victim's body check card):

1. A report on investigation (a photograph of the suspect of CCTV on the screen of the crime);

1. Application of Acts and subordinate statutes to report on investigation (referring to returned articles and photographs of market price of a wall);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense; Article 70 (1) 3 of the Act on Financial Business Specializing in Credit (Use of Lost Cock Cards) and Article 360 (1) of the Criminal Act concerning the facts constituting an offense;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order - No agreement, or any other serious reflection;

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