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(영문) 부산지방법원 2013.11.07 2013고정4175
사기미수등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. A theft: (a) around 14:30 on February 25, 2012, the Defendant: (b) discovered that one lock is located in the vehicle owned by the victim on the part of the victim D while she was moving from the vehicle located in Ulsan-gun, Ulsan-gun, Seoyang-gun, Ulsan-gun; (c) found that one lock is located in the vehicle; and (d) took a theft by carrying 500,000 won in cash, 50,000 won in credit card, 3 credit card, and one piece of wall containing a resident registration certificate.

2. On February 26, 2012, the Defendant attempted to commit fraud: (a) ordered alcohol and alcohol equivalent to KRW 1.30,000 in the market price at the Famina-gun, Ulsan-gun; and (b) presented one credit card that was stolen to the victim G as if it were owned by the Defendant, such as the preceding paragraph.

The Defendant, by deceiving the victim as such, tried to acquire the pecuniary advantage equivalent to KRW 130,00 from the victim’s place of action, but was attempted by a credit card company to refuse approval from the credit card company due to the suspension of payment of credit cards.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. G statements;

1. Application of Acts and subordinate statutes governing the detection of damaged objects;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Articles 352 and 347 (1) of the Criminal Act, and the choice of fines for negligence;

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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