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(영문) 수원지방법원 2018.05.29 2018고단654

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 January 13, 2018, the Defendant stolen the victim’s cream card with the victim’s cream card attached to the mobile phone case at the lodging room of the restaurant staff located in Suwon-si, Suwon-si, G, and the victim C, at around 03:00.

2. On January 13, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) at the “F”-type store operated by the victim E in Suwon-si, Suwon-si, Suwon-si; (b) after having received a maceba, settled the stolen card as if it were one’s own card; (c) obtained pecuniary benefits equivalent to KRW 220,000; and (d) used the theft card.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Details of settlement of postal cards and receipts;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports (or counter-investigation of suspect card users);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the use of stolen debit cards) and the choice of imprisonment, respectively;

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. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommending punishment] 1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant used the physical card that was stolen by the defendant, and the defendant is not easy to be punished by a fine of three times for the larceny crime, including the fact that he was punished by a fine of two times for the crime committed by theft of the physical card (from June to June) in the basic area (from June to June) No. 1, the basic area (from June to June) No. 2: (a) the final sentence scope according to the criteria for handling multiple crimes: June to 2 years (decision of sentence]: June to 3 months; and (b) the crime in this case was committed by using the physical card that was stolen by the defendant; and (c) the defendant has not been punished by a fine of three times for the larceny crime.

However, the defendant recognized the crime of this case and divided his mistake, and this case.