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(영문) 인천지방법원 2018.06.08 2017고정1944
사기등
Text

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

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

Reasons

Punishment of the crime

1. On June 15, 2015, from around 11:13 to around 11:47 of the same day, the Defendant embezzled occupied articles with a view to acquisition without discovering a copy of the corporate bank cream card lost by the victim B in the street near the Bupyeong-gu, Incheon, Bupyeong-gu, and the 10th century, and returning it to the victim or reporting it to the police authorities.

2. From June 15, 2015, around 11:47, the Defendant purchased goods equivalent to KRW 102,120, a total sum of KRW 16,00,00, such as E, from “D store” located in Nam-gu Incheon Metropolitan City, and paid the purchase by using B’s corporate bank check card, as in the foregoing paragraph (1).

The Defendant, as if the corporate bank cream card acquired as such was duly formed, presented it to the employees in a non-place, and received immediately the amount equivalent to KRW 102,120 from the employees believed to be true.

Summary of Evidence

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

1. B written statements;

1. Details of approval of cards;

1. Application of Acts and subordinate statutes to investigation reports (on-site parking, etc.), copies of purchasing receipts, and CCTV photographs;

1. Relevant legal provisions for criminal facts, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the use of lost check cards) of the Act on Specialized Financial Business, and the selection of fines for each crime;

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

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