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(영문) 수원지방법원 성남지원 2016.04.21 2016고정175
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 29, 2015, the Defendant acquired a new copy of the card (C) in the name of the victim B(33) at the center of a foreign language university located in the city of the wife population, the mother of the wife population at Tae-si, Young-si, the Defendant, on May 29, 2015.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On May 30, 2015, at around 19:05, the Defendant used the victim card embezzled as stated in the foregoing “A,” and paid KRW 1,100,00 for the freight to the bus stop at the sports-high speed of 500-5 bus located in Gwangju-si, Gwangju-si, by using the credit card in the name of the victim embezzled.

From May 30, 2015 to the above method, Defendant

9. up to 458 times in total, payment was made by means of a new card in the name of the injured party while paying bus charges equivalent to 348,900 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to the victim and witness;

1. Details of use of credit cards and a detailed statement of use of transportation cards;

1. Each photograph;

1. Each internal investigation report, investigation report, and application of Acts and subordinate statutes attached thereto;

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense; Article 347 (1) of the Criminal Act; Article 347 of the same Act; and Article 70 (1) 3 of the Act on Business of Financial Services Specializing in Loans;

1. Selection of each alternative fine for punishment (the first place of an existing fine, as it is, inasmuch as a long-term use of another person's credit card repeatedly and the payment of damage was not made at all);

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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