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(영문) 창원지방법원 2014.03.05 2013고정1375
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On March 17, 2013, the Defendant: (a) acquired one credit card of a new bank and one cellular phone, the victim C lost on the front side of the Jincheon-dong, Jincheon-gu, Changwon-si; (b) around 01:10 on March 17, 2013.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On March 17, 2013, the Defendant was provided with alcohol, al., 100,000 won, and al. from the Enono-ju shop operated by the victim with no knowledge of the names located in Jin-si, Jin-si, Chang-si, the Defendant violated the Specialized Credit Financial Business Act and the Defendant: (a) provided a credit card of a new bank owned by the victim; (b) provided it to the victim; and (c) had the victim prepare sales slips; and (d) issued a signature and delivery in the signature column; and (c) obtained a credit card lost by the Defendant’s signature and delivery; and (d) received a credit card from the victim.

In addition, from that time to 08:24 on the same day, the Defendant settled the total amount of KRW 452,180 using the credit card of the above new bank lost by the aforementioned method nine times, as shown in the list of crimes in the separate sheet, and received property or pecuniary benefits equivalent to the same amount by deceiving each victims.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each police statement of C;

1. A detailed statement of card use;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen articles), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit card), Article 347(1) of the Criminal Act (the point of fraud), the selection of each fine;

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

3. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.

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