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(영문) 대구지방법원 2018.07.06 2018고단1578
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On December 4, 2017, at around 15:00 on December 15:0, 2017, the Defendant: (a) was in front of the “E” restaurant for the operation of the victim D, which is located in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) was in front of the restaurant; (c) was in front of the restaurant; (d) was in front of the restaurant, the Defendant intrudes the building managed by the victim by entering the restaurant; and (d) followed by the victim, who was moved to the main room in the restaurant, was in front of the restaurant; and (e) was in front of the victim’s house with cash 200,000 won, credit cards, etc., owned by the victim; and (e)

In addition, from that time to April 2, 2018, 11,797,00 won was stolen by intrusion on buildings 15 times in total, as shown in attached Table 1 of Crimes List 1) from that time.

2. On December 4, 2017, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 15:36, 2017, the Victim G management H in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, presented that the Defendant had the right to use the stolen and stolen DNA credit card as set forth in paragraph (1) properly; and (b) the Defendant received one half of the market price of KRW 230,000 from the injured party; and (c) from March 28, 2018 to March 28, 2018, the Defendant settled the amount of KRW 2,274,000 with the credit card amounting to KRW 2,274,00 in total four times, and received property from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to I, J, and K;

1. Each written statement of L, M, D, N,O, P, Q, R, S, T, and U;

1. Each protocol of seizure and each list of seizure;

1. Each report on occurrence (thief), field file reports, gene appraisal reports, investigation reports (in relation to attaching financial data), each criminal offender, each CCTV-cape photograph, each investigation report, and the application of Acts and subordinate statutes to each internal investigation report;

1. Article 319(1) of the Criminal Act (the occupation of a structure) and Article 329 of the Criminal Act (the occupation of a structure) and Article 329 of the Criminal Act, respectively, for the crime committed, respectively;

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