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(영문) 수원지방법원 2017.07.13 2017고정1012
사기등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On December 15, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Flag, and the judgment became final and conclusive on February 24, 2017.

1. The Defendant, on October 11, 2016, embezzled from possession: (a) around 03:50, the Defendant: (b) obtained a copy of the 399 bus check from the Korean bank, which was lost by the victim B before the bus stop, and did not take necessary procedures, such as returning to the victim. (c) On October 11, 2016, the Defendant, who violated the Act on Specialized in Fraud and Credit Financial Business, purchased tobacco at a convenience store affiliated with the D church located in Ansan-gu, Ansan-gu, Ansan-gu, Annyang-si, An EF, while purchasing tobacco at around 04:0 on October 11, 201, he/she used it by presenting it to his/her employees, and received tobacco equivalent to KRW 4,500,00, and received tobacco at KRW 100,000,000 from the said employees, and received the said 50,000,000 won by means of convenience at around 31:31.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement under B;

1. A detailed statement of card use in our bank;

1. Data, etc. from CCTV photographs;

1. Previous convictions: Application of Acts and subordinate statutes to a report, the results of confirmation of the previous convictions and the summary information of the case;

1. Article 360 of the Criminal Act applicable to the facts constituting an offense, Article 360 of the Criminal Act (the embezzlement of deserted articles in possession), Article 70 (1) 3 (the illegal use of lost e-mail card) of the Financial Business Specializing in Credit, Article 347 (1) of the Criminal Act, and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the principle of equity, etc. when a judgment is rendered simultaneously with the crime in which a judgment becomes final and conclusive);

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