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(영문) 인천지방법원 2015.05.28 2015고정1470
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant: (a) around February 10, 2015, the number of Bupyeong-gu Incheon Bupyeong-gu, Incheon, was 56 Incheon, the victim C, who passed around the first floor reception counter of the 1st floor of the 56 Incheon Women’s Hospital, destroyed the victim’s 54,00 won owned by the victim C, one resident registration certificate, one national card, etc., which included a 200,000 won of the market price of the victim’s 200,000 won.

2. On February 10, 2015, the Defendant violated the Fraud and the Specialized Credit Finance Business Act: (a) purchased three cigarette 3 cigarettes from the victim E in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) purchased three cigarette 1,000, and (c) presented the stolen C’s national card as stated in paragraph (1) to the victim as if he was a legitimate holder, and used the stolen debit card by having the victim prepare sales slips of KRW 135,000, and acquired the same amount of pecuniary profit.

3. On February 10, 2015, at around 16:49, the Defendant attempted to purchase “Hart” operated by the first floor victims of the G building in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, with a apology equivalent to KRW 13,00,00 in the market value, and to present the stolen C credit card to the victim as if he were a legitimate owner, as stated in paragraph (1), to settle the price by presenting it to the victim. However, the Defendant failed to perform an attempted intent by refusing approval due to a theft report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A detailed statement of the certificate of use of the KB National Card and of the refusal of individual approval;

1. Application of CCTV photographs, CCTV photographs of the Incheon Sung-si Hospital, CCTV photographs of the F convenience store, and statutes on seized objects photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of credit card illegally), 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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