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(영문) 의정부지방법원 고양지원 2017.04.28 2017고단656
사기등
Text

A defendant shall be punished by imprisonment for one year.

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 19, 2017, at night, the Defendant: (a) went on a taxi under the influence of the victim C at Seoyang-gu, Seoyang-gu; and (b) went through a driver’s Dop car with the intent of committing a theft of money and valuables from the victim; (c) went through a driver’s Dop car on the same day; and (d) went through the victim’s dwelling, which was opened in the city of the victim located in the Dong-gu, Seoyang-gu, Sinsan-gu, and 201 on the same day; and (c) went into the victim’s dwelling.

The defendant continued to have the victim's cash 40,000 won, the victim's cream card, etc., which was located on the floor of the living room of the victim's dwelling.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the victim's residence at night.

2. Fraud;

A. On February 19, 2017, around 03:32, the Defendant presented the said C C’s physical card at the “H” restaurant operated by the victim G located in Yongsan-gu, U.S., U.S., Dong-gu, U.S., as prescribed in paragraph 1, and received delivery from the victim as if the Defendant was a legitimate holder, of the amount equivalent to 6,000 won at the market price.

B. On February 19, 2017, around 05:21, the Defendant: (a) presented the said C C C C C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’s C’ from the “J’s operation of the 2nd floor of the 2nd floor of the Suyang-gu I building, Gyeyang-gu, Seoul; (b) by deceiving the victim as being the lawful holder; and (c) obtained pecuniary benefits equivalent to 110,000 won.

3. The Defendant in violation of the Act on the Financial Business Specializing in Credit was using No. 2-A, No. 2-B and C’s C’s C’s C’s C’s C’ card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and K;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment (the fraud point and the choice of imprisonment).

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