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(영문) 대구지방법원 2013.06.20 2013고정658
사기등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 15, 201, the Defendant: (a) found one of the Daegu Bank BC credit cards, etc. (C), etc., owned by the victim B, which were owned by the victim; (b) on December 15, 201, the Defendant found in a garbage tank near the Namdong-gu Namdong market.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

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

A. On December 15, 2011, the Defendant: (a) committed as if the Plaintiff F, the owner of the above gold bank, had a legitimate right to use the said Daegu Bank BC credit card; (b) issued the said credit card to the victim; and (c) had the victim obtain the said credit card at around 16:52-17:14 on the same day, the Defendant issued the said card to the victim; and (d) had the victim prepare two trade slips for the total sum of KRW 160,000,000 in KRW 162-17:14 on the same day; and (e) signed on the said sales slip.

As above, the Defendant, by deceiving the victim as above, received two above galms, two galms, two galms, and two galms from the victim, and used lost credit cards unlawfully.

B. On December 15, 2011, around 17:36, the Defendant, at “G” located in Daegu-gu, Daegu-gu, Daegu-gu, by deceiving the victim’s name in such a way as above, the owner of the said bank, who was the business owner of the said bank, received the product equivalent to KRW 300,000 from the victim, and used the lost credit card unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Details of approval for cards;

1. An assessment statement of ice;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant Article 347(1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 347(1) of the Criminal Act (Fraud, the choice of fines), Article 360(1) of the Criminal Act (the occupation of embezzlement, the selection of fines), and Article 70(1)3 of the Specialized Credit Finance Business Act.

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