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(영문) 서울중앙지방법원 2017.11.21 2017고정2317
사기등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a soldier belonging to the United States Armed Forces in Korea subject to the Status Agreement (SOFA).

1. On April 23, 2017, around 02:30 on April 23, 2017, the Defendant embezzled, on his/her own initiative, he/she did not follow the procedures, such as acquiring a copy of the national bank cream card lost by the victim F and one credit card of the agricultural cooperative, and returning it to the victim, at the “E” club located in Mapo-gu Seoul Metropolitan Government.

2. On April 23, 2017, the Defendant attempted to pay the drinking value at around 02:56 at the place of the foregoing paragraph (1). In doing so, the Defendant attempted to pay KRW 180,000 to the victim G who is an employee of the above club, while having settled the drinking value at one’s own place, and did not have attempted to pay the drinking value of KRW 180,000 by presenting it to the victim G who is an employee of the above club. However, the Defendant did not have attempted to do so on the wind that is refused

3. On April 23, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 03:03 on April 23, 2017, when paying an additional drinking value at the place of paragraph (1) above; (b) when paying an additional drinking value, the Defendant used the credit card lost by having the said club employees settle KRW 120,000 by presenting it to the victim H, who is an employee of the said club, and obtained pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Each legal statement of witness G and H;

1. Part of the police statements made to F;

1. G and H self-statements;

1. A photograph of damage, details of transactions, and statement of payment of cards;

1. Application of some Acts and subordinate statutes to the prosecution investigation reports;

1. Relevant legal provisions for criminal facts, Article 360(1) of the Criminal Act for the selection of punishment (the crime of embezzlement of deserted articles in possession), Articles 352, 347(1) (the crime of attempted fraud) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 (the crime of fraud) of the Act on Specialized Financial Business, and the selection of fines, respectively;

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

3. A fine of one million won to be suspended;

4.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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