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(영문) 수원지방법원 안양지원 2017.09.01 2017고정411
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 January 12, 2017, the Defendant, on the 16:00, acquired 2 pages of the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

In addition, from March 5, 2017 to March 5, 2017, the Defendant carried the property of the victim in the same way seven times in total, such as the case of the attached list 1.

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

2. On February 3, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased a beverage at the F convenience store located in E-gu, while operating the victim’s name in mind; and (b) presented the e-mail card of the Bank B, like the foregoing, as if the e-mail card was his/her e-mail card; and (c) received a 1,200 won payment from the injured party and received a delivery of the beverage.

In addition, the Defendant received from February 13, 2017 goods equivalent to KRW 74,300 in total by the same 42 times, as in the attached Table 2, as in the case of the attached Table 2.

Accordingly, the defendant, by deceiving the victim, received property and used the lost credit card of another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

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

1. Relevant legal provisions of the Criminal Act and Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession) for criminal facts, Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost debit cards) for each credit-specialized financial business, and the selection of fines for each of them;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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