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(영문) 서울서부지방법원 2015.10.06 2015고정1225
사기등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. On April 2015, the Defendant embezzled one credit card from a new bank owned by the victim B, which was lost by the victim, at the bottom of the peltop Ba, Seodaemun-gu, Seoul, Seomun-gu, Seoul, for the first time, around the Gyeonggi University, without following necessary procedures, such as returning to the victim, and embezzled the property that he/she left possession.

2. On April 2, 2015, around 10:58, the Defendant purchased a tobacco equivalent to KRW 4,500 from the DNA set in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and presented B’s credit card obtained as described in the foregoing paragraph (1) to an employee as if the Defendant was a credit card holder.

The Defendant received property equivalent to KRW 4,500 from the above employees from the above employees, and from that time, presented B’s credit card obtained from the employees in the place five times from that time until 11:32 of the same day, such as the list of crimes in the attached Table, and did not receive property of KRW 274,500 from the victims in the attached list of crimes, or was not received as the refusal of approval of the above credit card.

Accordingly, the defendant had attempted to receive or receive property by deceiving the victims.

3. The Defendant in violation of the Specialized Credit Financial Business Act used B’s credit cards acquired as set forth in the foregoing paragraph (1) as set out in [Attachment Nos. 1, 2, and 3], and had employees, etc. present the above credit cards and let them use the lost credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence (including the embezzlement of stolens, violation of the Specialized Credit Finance Business Act, fraud) (including attached documents);

1. Application of Acts and subordinate statutes on report on occurrence (including attached documents) (including violation of the Specialized Credit Finance Business Act);

1. Article 360 of the Criminal Act applicable to the crime, Article 360 of the choice of punishment (the point of possession and embezzlement) and Article 347 of the Criminal Act.

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