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(영문) 춘천지방법원 2012.12.28 2012고단1142

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A thief: (a) on November 201, 201, the Defendant: (b) committed theft, using the gap in which the victim D was parked in the victim’s vehicle behind the New World club, which was in effect automatic in Chuncheon-si, Chuncheon-si; and (c) on the part of the victim’s vehicle, the Defendant: (a) stolen the victim by holding one stief for men who were on the part of the victim’s vehicle; and (d) one stief for verification with one stief with a copy of the victim’s physical check.

2. Around November 5, 2012, the Defendant discovered one Samsung Credit Card Co-owned by the victim, which is far away from the Yacheon-si, Chuncheon, and one cream card, and embezzled as he/she thought he/she had, on his/her own.

3. On November 5, 2012, the Defendant violated the Fraud and Specialized Credit Financial Business Act, around 23:43, 2012, presented one Samsung Credit Card acquired as stated in paragraph (2) to the Defendant’s credit card company as if he were the Defendant’s credit card. The Defendant, as well as the Defendant, used the lost credit card as indicated in the separate sheet from November 8, 2012 to November 23:43, 201, by requiring a taxi engineer to pay 2,200 won of the taxi fee, thereby causing damage equivalent to the same amount to the victim’s non-paid card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each protocol of seizure and each list of seizure;

1. A copy of a card slips or lost card, and the details of the use of Samsung Credit Cards;

1. Investigation report (general, victim D's statement and waiver of ownership);

1. Application of investigation reports (the confirmation of victims related to the use of credit cards) Acts and subordinate statutes;

1. Relevant Articles 329, 360 (1) (a point of thief), and 347 (1) (a point of fraud), Article 70 (1) 3 (a point of use of stolen credit card) of the Specialized Credit Finance Business Act, and the choice of imprisonment for a crime, respectively;

1. Aggravation for concurrent crimes;