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(영문) 광주지방법원 순천지원 2014.06.18 2014고단597
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 theft Defendant, at around 02:00 on April 6, 2014, took away a copy of the victim D, a victim D, who was satisd together in Curher 507 rooms located in Curher 2,00, 2014, and 370,000 won in cash and the Nong AF C (E) card (E), owned by the victim, and stolen it.

2. Fraud and violation of the Specialized Credit Finance Business Act;

A. On April 9, 2014, around 23:24, 2014, the Defendant paid accommodation charges at the Helel operated by the victim G in net City F, and paid KRW 6,00,00, out of accommodation charges, when the Defendant presented D’s cream card that was stolen, as stated in the foregoing paragraph (1), to an employee in non-name, as if he had a legitimate right to use the said card.

However, the above physical card was stolen as above, and the defendant did not have any intention or ability to pay the above price because he did not have any other financial ability at the time.

The Defendant, by deceiving the victim, acquired property benefits equivalent to KRW 6,00 from the victim, and used stolen debit cards.

B. On April 9, 2014, around 23:24, the Defendant purchased an amount equivalent to KRW 62,500 of the market price, such as alcohol and amb, at the convenience point of the operation of the Victim J, the Defendant paid the price by suggesting that the Defendant had a legitimate right to use the DoC Card, which was stolen to the employees in the name of the Defendant, as in the foregoing paragraph (1).

However, the above physical card was stolen as above, and the defendant did not have any intention or ability to pay the above price because he did not have any other financial ability at the time.

The Defendant, by deceiving the victim as above, received the amount equivalent to 62,500 won at the market price, such as alcohol and would, and used the stolen debit card.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (Attachment of letters and notes regarding the details of theft cards), an investigation report (in relation to the Nonghyup Card from among damaged goods), and an investigation report (based on fraud victim);

1. The details of the receipt (KS store) and the cell phone text of the victim;

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