beta
(영문) 서울북부지방법원 2017.06.28 2016고단5702

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal history] On January 10, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and completed the execution of the sentence on December 6, 2014.

[Criminal facts]

1. At around 06:00 on September 7, 2016, the Defendant: (a) thief, under the influence of alcohol around Seongbuk-gu Seoul at a convenience store near Seongbuk-gu, the Defendant: (b) she: (c) she saw that the victim D was seated and sloping on his/her hand and tried to get the victim away; (d) but (e) she returned to the near alley after the failure, while she sawd the surrounding alley, he/she she then stolen the victim with the wall and scambling that contain the credit card, Han Bank C, resident registration card, student identification card, etc.

2. On September 7, 2016, the Defendant violated the Act on Financial Business Specializing in Fraudulent Use of Computer, etc. and Credit-based Financial Business (hereinafter “F”) obtained pecuniary benefits by inserting our credit card in the calculating machine installed by using the stolen credit card from the “F” PC room in Jongno-gu Seoul, Jongno-gu, Seoul, as set forth in paragraph 1, and settling the amount equivalent to KRW 80,000 without authority over three occasions, and illegally using the stolen credit card.

3. Around September 10:52, 201, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, purchased T money cards at the victim H convenience store located in Jung-gu Seoul Metropolitan Government, and settled 2,500 won with T money cards, such as paragraph (1), and issued T money cards, and illegally used a stolen card.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of approved taxes;

1. Application of Acts and subordinate statutes for reporting voluntary accompanying;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Financial Business Specializing in Credit, Article 70 (1) of the Act (illegal use of credit cards), and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are each of the crimes in this case.