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(영문) 춘천지방법원 2014.04.14 2014고정201
사기등
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 July 31, 2013, the Defendant acquired 30,000 won in cash, which the victim C lost at the events held in Embrypt, Embacheon-si, Chuncheon, and 2 of a security card, and one unrefluent wall in the market price.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. On July 31, 2013, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) purchased goods equivalent to KRW 15,400,00, such as tobacco, at the F convenience store operated by the victim E in Chuncheon-si around 20:00; (b) provided goods from the victim by deceiving the victim by presenting the C’s e-mail card to the said victim as if he/she had due authority, and signing the sales slip as if he/she had due authority.

Accordingly, the defendant used the lost physical card and received the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement, the selection of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines) and Article 70(1)3 of the Specialized Credit Financial Business Act (the point of use of lost debit cards and the selection of fines)

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act shall be decided as ordered in consideration of the defendant's health condition, economic situation, etc.

It is so decided as per Disposition for the above reasons.

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