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(영문) 수원지방법원 안산지원 2014.02.05 2013고정2275
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A thief:45 on September 4, 2013, at the first floor and waiting room of the D Hospital located in Ansan-si Group C, the Defendant: (a) committed theft with a wallet equivalent to KRW 200,000,000,000, at the market price of the Plaintiff’s modern credit card owned by the victim E and a new physical fitness card; and (b) 200,000,000,000,000 won, which had been placed in such a place by taking advantage of the gaps of surveillance negligence.

2. On September 4, 2013, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) presented a card as if he was the lawful holder of the modern credit card that was stolen, and then wrongfully used the stolen credit card by signing the sales slip.

3. Attempted fraud.

A. At around 11:11 on September 4, 2013, the Defendant presented a card as if he/she was a legitimate holder of a new physical fitness card that he/she stolen as seen above, and attempted to acquire by deception three pieces of tobacco equivalent to the total market value of KRW 63,000 from the victim, but was refused to pay by the above report and failed to achieve its purpose.

B. On September 4, 2013, around 11:31, 2013, the Defendant presented a card as if he was the lawful holder of the new physical fitness card, and attempted to obtain food equivalent to KRW 18,000 from the victim, but the Defendant was refused to pay by the report of the above E and failed to achieve its purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, G, J and L;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on credit card sales slips;

1. Relevant provisions of the Criminal Act and Articles 329, 347 (1), 352 and 347 of the Criminal Act concerning the selection of criminal facts;

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