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(영문) 서울중앙지방법원 2013.10.02 2013고정2360
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. At around 00:30 on August 31, 2012, the Defendant discovered the victim C (E) who was under influence of alcohol in front of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and stolen the victim’s 24 years old, 4.90,00 won at the victim’s bank market price, 4.90,000 won at the face-to-face wall price in that bank, 90,000 won at the face-to-face wall price, 90,000 won at the face-to-face wall price, 1 copy, 1 copy, 1, 1, 1, 1, 20,00 won in cash, and 60,000 won in gift certificates.

2. On August 31, 2012, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 01:12, in settling the account of KRW 2,800 from Seongbuk-gu Seoul Seongbuk-gu H and 101 as the purchase price for the second-time disease; (b) as described in the foregoing paragraph (1), the Defendant obtained financial benefits equivalent to KRW 1,262,720 in total on 17 occasions, as shown in the attached list of crimes, including that the national card owned by himself/herself by himself/herself was carried out by himself/herself as one of his/her own, and that he/she paid the said amount; and (c) obtained financial benefits equivalent to the said amount, and used the stolen victim’s credit card unlawfully.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement regarding C;

1. A statement of use of a national card, a statement of use of a corporate card, a statement of use of Samsung Card, and a statement of use of a lot card;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 329 (Larceny) of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (limited to the unlawful use and comprehensive use of credit cards), and the choice of fines;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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