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(영문) 부산지방법원 서부지원 2021.01.22 2020고정665
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. The Defendant, on October 10, 2019, found the post office cream cards lost by the victim B in the street room located adjacent to the bus terminal located in the Busan Slang-gu trigram Law-dong between around 04:00 to 05:00.

The Defendant embezzled the acquired card without taking a step to return it to the victim and embezzled it for the purpose of his use.2. On the same day, the Defendant in violation of the Act on Fraudulent and Credit Financial Business around 05:04, on the same day as that of the preceding paragraph, submitted the cream card embezzled as in the preceding paragraph to the employee as if he was his card and submitted it to the employee as if he was his card, purchased two cigarettes, and obtained approval by 90,000 won, and acquired the amount corresponding to the same amount.

Summary of Evidence

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

1. B written statements;

1. Application of Acts and subordinate statutes to reports on the occurrence of accidents (Embezzlement, etc., embezzlement, etc., investigation reports, and investigation reports;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the crime of embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the crime of fraud), Article 70(1)3 (the crime of illegal use of credit cards, etc.) of the Act on Specialized Financial Business, and the selection of fines, respectively;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate amount of each crime is aggregated) for the 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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