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(영문) 전주지방법원 남원지원 2017.09.19 2017고정35
사기등
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From around 05:00 on March 31, 2017 to around 06:00, the Defendant: (a) cut off the key of the victim’s gate box set up in Drup “Drup Doese” located in Nam-si C; (b) cut off the victim’s gate box set up next to the victim; (c) cut off the victim’s gate box from the victim’s wall wall; and (d) cut off the victim’s gate at the victim’s wall; and (e) cut off the victim’s gate with 1,00 won in cash.

2. Violation of Acts in financial business specializing in fraud and credit;

A. On March 31, 2017, the Defendant: (a) purchased passenger tickets for express bus terminals in Seoul High-speed Bus Terminal from 70, Seoul, the Defendant received a delivery of one passenger ticket equivalent to KRW 15,000 at the market price by suggesting that he/she was his/her own check; (b) purchased the passenger tickets for express bus terminals in Seoul High-speed Bus Terminal from 14:20 on March 31, 201.

B. The Defendant, at around 14:22 on the same day, purchased goods, such as tobacco 1 fluence, tri-g Kim(2), chim flus and 1 flus, and flus of a steel mons, and one flus of a flusbbus, at the “G” convenience store located in Jin-gu, Seoul Special Metropolitan City on the same day, and received delivery of the above goods in total amounting to 48,300 won at the market price by presenting the e-mail card under the name of the above convenience store as if he was his own.

As such, the Defendant used a stolen debit card more than twice in total, and acquired the amount of KRW 63,300 by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report and internal investigation report;

1. Application of each existing statute of the Dadlim post office Nos. 1 (Evidence No. 1), 3 (Evidence No. 2) and Madice No. 3

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen debit cards, including the use of stolen debit cards), and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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