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(영문) 서울북부지방법원 2016.04.01 2015고정2713
사기등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. A thief: (a) around September 3, 2015, the Defendant: (b) discovered and accessed a new bank credit card (credit card No. D) between the victims after purchasing the goods by the victim C in the king-ro 214, Dongdaemun-gu, Seoul, Dongdaemun-gu; and (c) stolen the said credit card No. 1, a victim owned by the victim.

2. Around September 15:51, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) was committed in F Mart located in Dongdaemun-gu Seoul, as if the Defendant was the lawful holder of a new bank credit card in the name of Dongdaemun-gu, Seoul, as described in paragraph (1); (b) was provided by F Mart business owner of the victim whose name cannot be known with four 9,800 won in total; (c) had the said victim present the said credit card to prepare a sales slip; and (d) signed the sales slip in a manner that could not be known in the signature column of the sales slip.

Accordingly, the Defendant, by deceiving the above victim, received property from the injured party, and used stolen credit cards.

Summary of Evidence

1. Statement made by the police against C;

1. C’s statement;

1. A investigation report (to attach to the closures of a crime scene inCCTV video);

1. The details of text messages of the victim and receipts of goods purchased by the victim with his/her card;

1. The photograph of a new bank card owned by the victim, the KRB national leb card photograph owned by the suspect, and the video recording on the pages of CCTV crimes;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the fraud), Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the illegal use of credit cards), and the selection of fines for each type of fine;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion.

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