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(영문) 서울북부지방법원 2016.08.25 2016고단2778

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 30, 2016, around 17:00, the Defendant discovered a bank in which the victim C is placed on his own, in a park outdoor performance place located in Jongno-gu Seoul University, Jongno-gu, one way to find out the bank in which the victim C is placed on his own, and taking advantage of the cresh in which the victim is placed on his own, in the victim’s bank, in the victim’s bank cream card, one bank cream card in the victim’s name, and one SK credit card, etc. in the market price, which is the market price owned by the victim.

L. A. L. theft was committed.

2. On June 30, 2016, at F convenience stores located in Jongno-gu Seoul, Jongno-gu, Seoul, the Defendant purchased tobacco 1 A and paid KRW 4,500,200,00 from that time, from that time, a stolen credit card was presented to the employee as if he was his credit card, and was presented to the employee, and paid KRW 4,50,00,000 as indicated in the list of crimes in the attached Table.

Accordingly, the defendant deceiving the victims and acquired property or property benefits equivalent to 200,200 won in total from the victims, and used stolen credit cards and debit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. C’s statement;

1. A text message of the details of victim D's approval;

1. A detailed statement of approval of one card issued by the victim D, and a detailed statement of account transactions with the new bank account of the victim C;

1. Images of CCTVs in the use of a self-paid card;

1. Investigation reports (the counter-investigation of victims);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims C);

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 329 of the Criminal Act, Article 70(1)3 (a) of the Act on Specialized Credit Financial Business, and the choice of imprisonment with prison labor for a type of crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment by law: Imprisonment for one month; and