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(영문) 서울동부지방법원 2014.04.10 2014고단87

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From November 28, 2012, around 19:00 on November 28, 2012, the Defendant stolen the victim’s market price, which was in the victim’s possession, and was in the victim’s cell floor, by placing the key in the entrance and cleaning at the 2nd floor of the C Station underground floor located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) and stolen it by putting the victim’s 4, 3, 4, 1, 1, 1, and 1, 1, 1, and 1,

2. Violation of the Specialized Credit Financial Business Act and fraud;

A. On November 28, 2012, around 19:55, the Defendant issued an order for alcohol, alcohol, etc. at “Fsing room” located in Gwangjin-gu Seoul Special Metropolitan City, and then delivered the NHFC card (G) under the name of the Defendant who stolen as if he/she was the lawful holder, and paid the sales amount of KRW 100,00 to H, thereby illegally using the stolen credit card. In other words, the Defendant obtained from H the foregoing amount of KRW 100,000 at the market price and acquired it by deception.

B. On November 28, 2012, the Defendant’s foregoing “Foman Bank” around 20:40.

In other words, the credit card which was stolen by settling 70,000 won in the same way as the paragraph was illegally used, and the credit card was obtained from the above H with the amount of 70,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements prepared in D;

1. Receipt of reports on damage, and application of Acts and subordinate statutes on sales slips by credit cards;

1. Article 329 of the Criminal Act related to the relevant criminal facts, comprehensively, Article 347 (1) of the Criminal Act and Article 70 (1) 3 of the Specialized Credit Financial Business Act (illegal use of credit cards) concerning the relevant criminal facts;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. The scope of punishment by law: 15 years of imprisonment; and