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(영문) 대구지방법원 2018.12.19 2018고단4493
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. From July 26, 2018 to September 7, 2018, the Defendant stolen the property owned by the victims of KRW 2,484,000 in total amount of eight times in total, the market price of KRW 3.50,00,00 from around the following day: (a) around 14:07, Daegu-gu, Daegu-gu, Daegu-ro 25-ro, Seoul-ro, Seoul-ro, Seoul-ro; (b) at the access room of the victim B (17) using the gap in which the victim B (350,00,000, was placed on his/her book; and (c) from around that time, the Defendant stolen the property owned by the victims of KRW 2,484,00 in total, eight times in total, including the list of crimes (1) in the list of crimes.

2. On August 10, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 18:46, the “F restaurant operated by the Victim E (F, 54 years old) located in the building D of Daegu-gu, Daegu-gu; (b) had the victim present the Plaintiff’s I card in the name of G as if he/she had a legitimate holder of the said card, as described in paragraph (1), as if he/she had him/herself completed the credit card sales slip; and (c) had the victim prepare the credit card sales slip in the same manner, and had the victim receive 124,650 won in total at the market price from around that time to September 7, 2018, including the fact that he/she received strong delivery of the total market price of KRW 10,000 from the damaged person.

Accordingly, the defendant deceiving the victims, received property from the victims, and used the stolen credit card illegally.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against J, K and L;

1. Each statement;

1. A protocol of seizure and a list of seizure;

1. A report on internal accidents and closures of letters;

1. Reports on internal investigation (Attachment to the slips before re-issuance) and slips and receipts; and

1. Application of Acts and subordinate statutes concerning internal investigation reports and receipts;

1. Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 70 (1) 3 of the Act on Business Specializing in Credit Finance (illegal use of credit cards) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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