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(영문) 서울동부지방법원 2014.05.01 2013고정2809
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. From July 17, 2013, the Defendant, while having weak capacity to discern things or make decisions due to the division-sex disorder, embezzled by acquiring one copy of the new BC card in the name of the victim C, which was lost by the victim C, at around 21:40 on July 17, 2013.

2. Fraud and the Defendant violated the Specialized Credit Financial Business Act: (a) around July 18, 2013, at around 05:39, the Defendant presented a new BC card embezzled in Gwangjin-gu Seoul Special Metropolitan City E-gu and on the second floor, and purchased a coffee amounting to KRW 6,800; (b) obtained property benefits equivalent to KRW 59,700 and used stolen credit cards over eight times, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A detailed statement of approval for cards;

1. Application of Acts and subordinate statutes to CCTV-recordings photographs;

1. Relevant Articles of the relevant Acts and applicable provisions of the Criminal Act concerning criminal facts, Article 360 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and selection of fines, respectively;

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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