logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.03.10 2020고단7637
사기등
Text

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

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

Reasons

Punishment of the crime

1. On July 31, 2020, around 20:00, the Defendant: (a) obtained one copy of the credit card of the Korean bank in the name of the victim who lost the victim D before Jongno-gu Seoul Jongno-gu Seoul, and returned it to the victim; (b) did not take necessary procedures; and (c) did so.

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

2. Violation of Acts in financial business specializing in fraud and credit;

A. On July 31, 2020, the Defendant, around July 21, 2020, presented the credit card acquired in the name of the victim, such as paragraph (1), at the “G” entertainment station in Jung-gu Seoul, Seoul, which operated the Victim E, to the victim as if he was the Defendant’s card, and had the victim pay 260,000 won to the victim, and was provided with liquor and alcohol services.

B. On August 1, 2020, around 00:15, 2020, the Defendant presented the credit card acquired in the name of D as referred to in paragraph (1) from Seongbuk-gu Seoul, Seongbuk-gu Seoul H “I” to an employee whose name the victim was not known as if he was the Defendant’s card, and had the victim settle KRW 2,00,00, and issued one hamber.

Accordingly, the defendant, by deceiving the victims, received property and used the lost credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the sales slips of D;

1. Relevant Article 360 of the Criminal Act concerning criminal facts, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 70 (1) 3 (the use of lost credit cards) of the Financial Business Specializing in Credit, Article 347 (1) of the Criminal Act, and the selection of fines, respectively;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses are as follows: (a) the Defendant led to the confession of each of the instant crimes; (b) the amount of damage is not much; (c) the victim paid KRW 300,000 to the victim; and (d) the same criminal records are identical to several times.

arrow