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(영문) 의정부지방법원 고양지원 2015.09.17 2015고정787
사기등
Text

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

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

Reasons

Punishment of the crime

1. On May 24, 2013, the Defendant acquired a new card that was lost by the victim B at the entrance of the children’s playter located in Goyang-gu, Yangyang-gu, Yangyang-gu, Sungyang-dong, 702.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. Violation, fraud, and attempted fraud of the Specialized Credit Financial Business Act;

A. At around 21:14 on the same day, the Defendant purchased goods equivalent to KRW 2,850, such as 1 beer and 1 beer at the D convenience store located in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul, and paid the price with a new card under the above B’s name.

Accordingly, the defendant used a new card that he acquired.

B. At around 21:37 on the same day, the Defendant presented the said new card at the F store in Gyeyang-gu, Gyeyang-gu, Gyeyang-si, and attempted to purchase a clothing equivalent to KRW 187,600 at the market price, but failed to receive approval.

C. At around 21:49 on the same day, the Defendant attempted to purchase beer and beer equivalent to the market value of 3,650 won at the H convenience store located in Gyeyang-gu G in Gyeyang-gu, Seoyang-gu, Gyeyang-gu, but failed to receive such purchase due to refusal of approval.

Summary of Evidence

1. Defendant's legal statement;

1. Application of B’s written laws and regulations;

1. Relevant statutory provisions of Article 360 (1) of the Criminal Act (the point of possession and embezzlement), Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the point of use of lost credit cards) and each choice of imprisonment with prison labor;

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

1. Articles 70 (1) 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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