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(영문) 창원지방법원 진주지원 2021.02.02 2020고단1549
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 25, 2020, the Defendant: (a) at the victim C’s residence located in Jinju-si B around 17:00 on March 25, 2020; (b) at the victim’s residence, the victim was divingd with the victim; (c) at the victim’s cell, the victim was exposed to the victim’s mobile phone by using a creb that had no mind of being drunk.

Accordingly, the defendant stolen the victim's property.

2. On March 25, 2020, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 18:44 March 25, 2020, at the G convenience point of the Victim F Management in Jinju-si; (b) purchased tobacco 89, as if she had been given a legitimate right to use the Agricultural Cooperative Card in the name of C, as described in the preceding paragraph, and presented it to the victim and paid the price to the victim; and (c) was granted a tobacco amounting to KRW 400,50,00 from the damaged party; and (d) thereafter, from March 26, 2020 to May 5, 205: (a) obtained property amounting to KRW 1,99,500 on a total of 12 occasions, as indicated in the list of crimes, or acquired economic benefits, and used the stolen Agricultural Cooperative Card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Each statement of F, H, I, J, and K;

1. A criminal investigation report (a statement including the main place of business, etc.);

1. Details of deposit transactions, application of receipt Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Financial Business Specializing in Credit, 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. In light of the reasoning for sentencing under Article 62(1) of the Criminal Act, the following circumstances are disadvantageous to the nature of the crime in light of the instant crime: (a) the failure to recover damage; and (b) the failure to receive a letter from the injured party; and (c) the extent of damage is not significant.

However, the defendant's mistake is recognized, and the defendant is the same kind once.

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