logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.07.19 2016고단1296
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 23, 2016, around 01:30, the Defendant: (a) obtained 20,000 won in cash, which the victim C lost; (b) obtained 20,000 won in cash, 1 new bank physical card; (c) 1 post office physical card; and (d) one wall containing one driver’s license, but did not take necessary procedures, such as returning it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. From April 23, 2016 to May 2, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, at around 09:08, presented that he/she had completed a new bank check (credit card number: G) in the F Library restaurant operated by the victim E in Jongno-gu Seoul Metropolitan Government as if he/she was his/her own possession, and had his/her employees pay 4,000 won of meal, thereby having his/her employees pay 4,000 won of meal, and using the same method as above, from around the above day to May 18:40, 2016, the Defendant acquired and lost a total of 52 times more than a total of 381,970 won, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes to investigation reports (case relating to the J used by the person under investigation), investigation reports (Attachment of a statement of personal sales);

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 347(1) and 360(1) of the Criminal Act (the point of fraud), Article 70(1)3 of the Act on Specialized Financial Business, and the choice of imprisonment, respectively, shall be punished by imprisonment;

1. The sentencing factors indicated in the pleadings, such as the Defendant’s age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, are as follows: (a) the sentencing factors specified in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows.

arrow