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(영문) 대구지방법원 2017.04.13 2017고단1409

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 February 18, 2017, the Defendant embezzled, as he/she had no necessary procedure such as acquiring the victim C’s cream card (bank, E) in his/her name near Yongsan-gu Seoul Station and returning it to the victim, around the new wall around Yongsan-gu Seoul Metropolitan Government.

2. On February 25, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased one milk at the “G convenience store” located in Seo-gu, Daegu-gu, Daegu-gu, on February 25, 2017; and (b) made payment by presenting that the Defendant was a lawful holder, thereby deceiving the victim; (c) obtained a one milk amounting to 1,300 won at the market price from the victim; and (d) used the lost credit card from the victim to the end of 04:25 of the same month by deceiving the victims on a total of 46 occasions, such as the list of crimes in attached Form 46 times from the victims to the end of 04:25 of the same month. The credit card was used after receiving and losing the total amount of 1,916,240 won from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Each written statement of K, L, M, N,O, P, Q, R, T, U,V, W, and X;

1. Details of transactions with approval of credit cards, CCTV photographs, information on member stores illegally using BC cards, photographs of the card-using member stores and the accused, sales slips, and photographs and photographs taken on CCTV;

1. Application of Acts and subordinate statutes to report internal investigation (to secure three convenience stores, investigate a user of each lost card, and receive data from card users);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (a) of the choice of punishment, Article 347(1) (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, Article 70(1)3 (a) (a use of lost credit cards) of the Act on Specialized Credit Business, 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 Criminal Act for the observation of protection;