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(영문) 부산지방법원 2018.07.18 2018고정406
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. From around 01:30 on June 21, 2017 to around 04:00 on the same day, the Defendant: (a) opened a door that was parked at the Busan Dongdong-gu parking lot; (b) opened a door that was not corrected by the victim C’s Drona vehicle; and entered the vehicle into the vehicle; and (c) stolen the victim C’s verification-fluorbbbus Class A (date equivalent to KRW 300,00 in the market price) and cash 451,000 won (per KRW 9,000 in front, KRW 9,000 in front, KRW 10,00 in front); and (c) stolen the property equivalent to KRW 858,360 in front, such as the Agricultural Credit Card, etc. located therein.

2. Violation of the Act on Financial Business Specializing in credit and fraud;

A. The Defendant purchased an amount equivalent to KRW 4,500 from “F convenience store” located in Geumcheon-gu, Busan at around 04:07 on the same day, and presented it to the employee as if he was the lawful holder of the Agricultural Credit Card that stolen, and used a stolen credit card by settling the price of the cigarette and acquired the stolen property equivalent to the same amount.

B. At around 04:33 on the same day, the Defendant paid KRW 190,00 in the “H singing shop” located in Busan Dongdong-gu, Busan, and presented the drinking value of KRW 190,00 to the victim I as if he was the legitimate holder of the Nonghyup Credit Card, which was stolen, and used the stolen credit card by settling the drinking value, and acquired financial gains equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to C and I;

1. A report on investigation (attaching photographs);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense, Article 329 of the choice of punishment, Article 70 (1) 3 of the Act on Specialized Credit Financial Business, and Article 347 (1) of the Criminal Act;

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. Articles 70 and 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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