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(영문) 수원지방법원안산지원 2020.09.24 2020고정718
컴퓨터등사용사기등
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

[criminal power] On August 14, 2019, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for fraud, etc. in the Suwon District Court’s Ansan Branch, and the judgment became final and conclusive on August 22, 2019.

【Criminal Facts】

The defendant is a person who serves as a day-to-day worker.

1. On May 16, 2019, the Defendant acquired a new card, which the victim D’s mother put oil into the vehicle in the vehicle and sticked to the principal organic card inputs, at the CY located in Si interesting City B, at around 20:00.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On June 1, 2019, the Defendant: (a) around 19:54, a credit card lost by the said victim at the said gas station operated his personal-based mobile terminal; (b) settled the amount equivalent to KRW 97,000 of the gas supply price; and (c) took property profits by settling the payment of the amount equivalent to KRW 97,00.

3. The Defendant violated the Specialized Credit Financial Business Act at a temporary location, such as Paragraph 2, paid an amount equivalent to KRW 97,00 of the paid amount by using a credit card lost by the said victim, and used the credit card owned by the victim unlawfully.

Summary of Evidence

1. Before the defendant's legal statement is closed and photographs taken by him/her: To report the results of the previous disposition, the results of confirmation, and the application of statutes in one copy of the judgment;

1. Relevant legal provisions for facts constituting an offense, Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347-2 of the Criminal Act (the point of fraud by Use of Computer, etc.), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of use of lost credit cards) and the selection of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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