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(영문) 서울남부지방법원 2013.04.25 2013고단995
사기
Text

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

Seized No. 1 (one copy of our Bank BC Card) shall be confiscated.

Reasons

Punishment of the crime

On September 15, 2010, the Defendant was sentenced to 100,000 won of imprisonment with labor for special larceny, etc. at the Incheon District Court, and completed the enforcement of the sentence on May 13, 201. From around 17:00 on October 6, 2012, the victim EA’s EB convenience in the operation of the EA located within the Gangseo-gu Seoul District Court, Gangseo-gu, Seoul District Court: (a) presented the BC card in the name of the Defendant, where it is impossible for the EEC to make payment due to lack of balance to its employees; (b) presented the card in the name of the Defendant to the effect that “I will purchase the gift certificates. The card now has no settlement, and thus, I would like to exchange the gift certificates with cash again at the face of the week; (c) 100,000 won of gift certificates, 50,000 won of gift certificates, 50,000 won of gift certificates, and 470,000 won of gift certificates.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of EEC;

1. Police investigation report (credit card investigation);

1. Records before judgment: Criminal records, etc., reference reports, amounts of dispositions, results of confirmation, and application of Acts and subordinate statutes to reports on the current status of criminal suspects A;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the sentence like the order was determined in consideration of the fact that the defendant committed the same crime during the repeated crime period, the damage recovery was not made, the defendant’s age, character, conduct and environment, etc., and all of the sentencing conditions shown in the records and arguments of this case.

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