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(영문) 대전지방법원 2019.02.19 2018고단1168
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. From around 01:00 to around 03:00 on July 22, 2017, the Defendant stolen the victim’s corporate bank cream card, which was displayed at the victim’s cell phone cases, who drinked together in the French Maddong, Seo-gu in the large exhibition.

2. Fraud and the Defendant violated the Specialized Credit Financial Business Act: (a) around 03:38 the same day, at E convenience stores operated by the victim D in the same Gu C, the said B’s e-mail card was presented to the employees of the above convenience store as if he were a legitimate holder, and (b) purchased one cigarette amounting to KRW 91,800, a sum of 91,800, and obtained pecuniary benefits equivalent to that amount.

Accordingly, the Defendant acquired property benefits equivalent to KRW 91,800, and used the stolen B-owned C-Ba.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and the selection of fines (with regard to all the various kinds of conditions of punishment, such as the amount of damage);

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

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