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(영문) 서울동부지방법원 2019.05.28 2019고정356
여신전문금융업법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On January 22, 2019, the Defendant acquired one credit card from a new bank in the name of the victim B who lost the victim’s stairs located in the Yongsan-gu, Yongsan-gu, Seoul, 23 55-ro, Yongsan-gu.

The defendant did not go through the procedures such as returning it to the victim and brought it to his use.

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

2. On January 22, 2019, around 18:08, the Defendant violated the Specialized Credit Financial Business Act and the Defendant presented the credit card under the name of 5 subway lines D in the Seoul Gwangjin-gu Seoul Special Metropolitan City, to an employee under the name of 12,000 won in total of the price of the goods, and received the delivery of bread, by settling 12,000 won in total of the price of the goods, and by deceiving the victim. On January 22, 2019, the Defendant purchased the goods at G stores located in Gwangjin-gu Seoul Special Metropolitan City, Seoul Specialized Credit Financial Business Act and presented the name of 79,500 won in the name of her own, to an employee who could not know the name of her own, as described in the above “1”, but refused to report the loss of the card and received the goods by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B’s petition;

1. Text messages on the details of card use;

1. Report on internal investigation (the result of analyzing CCTV images and statements made by victims and CCTV images);

1. Data from output of CCTV images;

1. Application of Acts and subordinate statutes to outputs produced as a result of comprehensive identity search;

1. Relevant legal provisions on criminal facts, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen objects), Article 347(1) of the Criminal Act (Fraud), Articles 352 and 347(1) of the Criminal Act (the attempted fraud) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit cards) of the Specialized Credit Financial Business Act, and the choice of each fine.

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