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(영문) 서울중앙지방법원 2020.10.12 2020고정1470
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 February 24, 2020 from around 15:28 to 16:30 of the same day, the Defendant: (a) obtained a copy of the “Seoul building” in front of the Gangnam-gu Seoul Metropolitan Government B building; and (b) did not follow necessary procedures, such as seeking to locate the said victim, while the Victim C was able to use the said building.

Accordingly, the Defendant embezzled the property that was separated from the possession of the above victim.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. At around 17:12 on February 24, 2020, the Defendant purchased one cigarette equivalent to the market price of 45,000 won at the “D convenience store” for the victim’s non-name in the above B building, and paid the said money by presenting one card under the name of C, as stated in the above paragraph (1), as if it were his card.

Accordingly, the Defendant used lost credit cards and received property by deceiving the said victims.

B. On February 24, 2020, at around 17:18, the Defendant purchased goods equivalent to KRW 92,000 in the “F new store” of the victim’s operation of the Gangnam-gu Seoul E building, and the market price of KRW 92,00,00, such as chrofing drugs, and paid the said money by presenting one card under the name of C, as stated in paragraph (1), as one of the above paragraph (1), as one of

Accordingly, the Defendant used lost credit cards and received property by deceiving the said victims.

Summary of Evidence

1. The defendant's statutory statement, search, inspection warrant;

1. Report on the occurrence of possession (Embezzlement, credit card fraud, and fraud);

1. Application of each investigation report (such as a card user search, suspect specific) Act and subordinate statutes;

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(1) of the Criminal Act (Fraud), Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost credit cards, including the point of use of lost credit cards), and the selection of each fine;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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