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(영문) 의정부지방법원 고양지원 2013.11.27 2013고정891
사기등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around November 2011, the Defendant acquired the victim’s driver’s license, the national bank physical card, the cash card of the national bank, and the agricultural bank cash card, which are owned by the victim B, in the vicinity of the Gangnam-gu Station located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. Around 02:00 on July 24, 2012, the Defendant ordered the victim E to take two main shares and two main shares of each week to the victim E at the 8 main office room located on the 1st underground floor in Yongsan-gu, Yongsan-gu, Busan Metropolitan City.

However, the defendant did not have the intention or ability to pay the price even if he received an order of alcohol and safeness.

The Defendant was provided with alcohol and food equivalent to the sum of KRW 440,00,00, such as two and two weeks a week from the victim in the Republic of Korea.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A E-document;

1. Seizure records;

1. Receipts:

1. Application of statutes on site photographs;

1. Relevant Articles 360(1) and 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (the point of fraud), and selection of each fine for the crime;

1. Of the concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum total of the amounts for two crimes) among the concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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