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(영문) 수원지방법원 안양지원 2017.07.07 2017고정397
사기등
Text

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

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

Reasons

Punishment of the crime

1. On February 21, 2017, the Defendant acquired a copy of the debit card (D) of our bank, which is owned by the victim C, at a minor place.

Defendant 1 did not take necessary procedures, such as returning the above acquired property to the victim, and embezzled her idea without taking necessary procedures.

2. On February 21, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) had the right to use the C-owned debit cards, such as alcohol and tobacco, by deceiving the victim by a method of driving as if he/she had the right to use the C-owned debit cards, such as the said “1,” and used the lost debit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions for facts constituting an offense, 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) of the Act on Specialized Financial Business, and the selection of fines for each type of fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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