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(영문) 대구지방법원 2013.11.15 2013고정1396
여신전문금융업법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 01:00 on December 5, 2012, the Defendant embezzled, without following prescribed procedures, the Defendant: (a) placed at the front of the enzymal market in Daegu-gu, Daegu-gu, one copy of the KB credit card (C) owned by the victim B; and (b) embezzled, without following the necessary procedures, such as returning the victim to the victim.

2. Fraud;

A. On December 5, 2012, around 02:00, the Defendant paid KRW 30,000 for accommodation expenses at EMoel located in Daegu Suwon-gu, the Defendant settled the credit card in the Jeju-gu, as if the Defendant was the credit card, and acquired it by putting the amount of one room equivalent to the same amount from the Mour.

B. The Defendant, at around 04:31 on the same day as in the preceding paragraph, purchased tobacco and fruit in Gmaart in Daegu Dong-gu, Daegu, and, as seen above, presented the credit card of the State B as if the Defendant was a credit card, and acquired it by deception by taking the aforementioned amount of tobacco and fruit equivalent to 11,000 won from the Marart owner.

3. The Defendant violated the Specialized Credit Financial Business Act, as set forth in Article 2(a) and (b), illegally used credit cards lost using B’s credit cards acquired as above in order to settle the price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of sales slip Acts and subordinate statutes;

1. Relevant Article 360 (1) and 347 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 70 (1) 3 of the Specialized Credit Financial Business Act (Selection of Fines);

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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