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(영문) 서울북부지방법원 2017.09.27 2017고정1163
사기등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Embezzlements of deserted articles in possession;

A. A. On August 31, 2016, the Defendant embezzled, on August 31, 2016, around 19:00, at the front of Nowon-gu, Seoul Special Metropolitan City, the Defendant acquired a copy of the CB national physical card owned by the victim C and embezzled it.

B. On September 13, 2016, the Defendant, on September 13, 2016, embezzled, on set-off 92, Nowon-gu, Seoul on September 23:30, 2016, only seven set-off Jeju-gu, Seoul Special Metropolitan City, set-off 1-gil 92, and embezzled, with the head of the credit card bank, holding the victim D’s loss, and one copy of the corporate bank physical card.

(c)

On October 2, 2016, the Defendant, on October 2, 2016, embezzled, on October 18, 2016, by acquiring a copy of the new bank cream card owned by the victim E, which was lost at the front of the 479 Boba apartment, in the Korean-ro, Nowon-gu, Seoul Special Metropolitan City, and embezzled.

2. On August 31, 2016, at around 20:25, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant presented at “G Slza” located in Seoul Special Metropolitan City, Nowon-gu, the KB’s C’s physical fitness card, such as the description in paragraph 1(a), and paid KRW 4,500 for the horsed tobacco 1 A, and thereafter, used the physical card, etc., lost by C, etc. 17 times in total, from that time until October 2, 2016, as shown in the list of crimes in attached Form 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A E-document;

1. Application of internal investigation reports (the confirmation of CCTV at the card-use location and the laying of a suspect's appearance), internal investigation reports (the confirmation of CCTV at the card-use location and CCTV at the card-use location), investigation reports (Attachment of details of unlawful use of the card submitted by a victim), investigation reports (H and I card illegal use of the card), and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions of the Criminal Act, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost debit cards or credit cards) of the Act on Specialized Financial Business, and the selection of fines for each of the types of punishment;

1. Aggravation concurrent crimes;

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