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(영문) 인천지방법원 2020.11.12 2020고단5940
사기등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 10, 2020, the Defendant: (a) on February 10, 2020, acquired the lost Korean card (D) obtained from another passenger aboard the said taxi from the victim C who was on board the taxi operated by the Defendant in Michuhol-gu, Incheon; (b) but did not take necessary procedures, such as returning the same to the victim, and embezzled the lost Korean card.

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On February 20, 2020, around 14:46, the Defendant purchased two cigarette at the F convenience store operated by the victim under the name in the Seo-gu Incheon, Seo-gu, Incheon, and was issued two cigarettes by presenting 9,000 won to the convenience store employees as stated in paragraph 1 as if the Defendant had a legitimate right to use.

B. On February 20, 2020, around 14:58, the Defendant purchased 1 punishment and 1 punishment for men at the H clothes store operated by the victim under the name in Seo-gu Incheon, Seo-gu, Incheon, by presenting 291,000 won to the store employees as if the Defendant had a legitimate right to use, and received 1 punishment and 1 punishment for men.

Accordingly, the defendant, by deceiving victims two times in total, used credit cards lost by others at the same time as he received property equivalent to KRW 300 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes on the records of card settlement;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine (including the fact that payments have been made to the injured party amounting to four hundred thousand won);

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)1 of the Criminal Act for the detention of a workhouse;

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