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(영문) 전주지방법원 2015.09.04 2015고단1045

사기등

Text

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

Reasons

Punishment of the crime

On March 26, 2012, the Defendant was sentenced to three years by the Jeonju District Court for a violation of the Act on Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on November 11, 2014.

1. On January 24, 2015, at around 11:28, 2015, the Specialized Credit Financial Business Act and the fraudulent Defendant purchased 11:28 the 138 Gaymam-ro 138 “Maymart” store, and presented the 39,900 won card sales slip to the 1stm, the victim, who was not aware of the name of the 39,900 won card, and made the 39,900 card sales slip to the 1stm of the 201st of the 2015, and acquired the 39,900 won card sales slip by deceiving the victim.

2. On February 5, 2015, at around 19:24, on February 5, 2015, the Defendant purchased a store with a doer and a bank from E stores located in Sinpo-si D, and, on February 5, 2015, presented the following as if he/she was his/her card, and had the store owner, who is the victim with whom the name of F, could not be identified, prepare sales slips for KRW 59,500 and KRW 142,900, and then used the stolen credit card by signing in the form of signature of the Defendant’s member signature. As above, the Defendant deceptioned the victim and received KRW 202,400 in total and KRW 102,400.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, C, H, and F;

1. Application of each relevant photograph, relevant photograph and photograph of the suspect in Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act, Articles 347(1) (Fraud) of the Criminal Act, Article 70(1)3 (illegal Use of Card) of the Specialized Credit Financial Business Act, and the choice of imprisonment for each type of crime;

2. Article 35 of the Criminal Act among repeated crimes;

3. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes.

1. The scope of applicable sentences under law: Imprisonment from one month to 30 February.