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(영문) 광주지방법원 장흥지원 2017.03.30 2016고단189

사기등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On October 1, 2016, the Defendant: (a) at around 13:10, the Defendant: (b) committed theft, with a portable phone in an amount equivalent to KRW 800,00, and one credit card of the Gwangju Bank, and one of the victims’ property, located in the victim’s seat receipt room located in another victim’s seat receipt room; (c) committed theft in a strong speed bus terminal located in 24, Jinjin-gun, Jin-gun, Seoul Special Metropolitan City, which was parked in a strong speed bus terminal located in ri 20,000.

2. On October 1, 2016, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased drinking water, etc. at the convenience store in the operation of the victim FF in Gangnam-gun, Namjin-gun, and (b) settled the amount equivalent to KRW 9,500 by presenting the victim as if he/she had been given a normal license for use; (b) immediately received goods equivalent to the same amount from the injured party from the injured party; and (c) obtained goods, etc. from the injured party by using the stolen credit card in the same way seven times from that time until 18:21 of the same day by settling the total amount of KRW 535,620 in total and by paying the amount of KRW 535,620 in the same way as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of H, I, J, K, L, M and D;

1. Application of statutes on the use of credit cards;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment (abstinence, a fine) Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (abstinence of fraud, a fine) and Article 70 (1) 3 of the Act on Business Specializing in Credit-Related Financial Services (abstinence of the use of stolen credit cards, a fine, collectively,);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment determined for a violation of the Act on Specialized Credit Financial Business, the most severe punishment is applicable);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the victim D wanted to punish the defendant, and the defendant has three times of theft criminal records (one million won of each fine).