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(영문) 제주지방법원 2020.04.03 2019고단2694
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around September 15, 2019, the Defendant: (b) took advantage of the cresh in front of the building B in Jeju-si, where the victim C (40 years of age) was under influence of alcohol; (c) took advantage of the cresh in front of the building B; and (d) took advantage of the cresh amounting to KRW 200,000,000 in the market price of the said victim’s NH bodyC card, etc., and stolen the said victim with

2. Fraud or violation of the Specialized Credit Finance Business Act;

A. On September 15, 2019, around 04:27, the Defendant purchased one cigarette equivalent to the market price of 4,000 won from the F convenience point of the victim E’s operation on the D1st floor at Jeju-si, as described in paragraph (1), presented a stolen NHC card to the employee as if the Defendant was the Defendant’s card, and paid the price, and then received tobacco from the said employee, and used the stolen crow card.

B. On September 15, 2019, around 05:22, the Defendant purchased one car cans amounting to 2,150 won at the market price at the first convenience store for the operation of the victim H located in G 1st floor at Jeju, and presented a stolen NH cans card to the employees as if the Defendant was the Defendant’s card, and paid the price to the employees, and received cans from the said employees, and used the stolen cans card.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. A written statement prepared in C;

1. Statement and image (including attached documents) of a police investigation report (to be accompanied byCCTV image, etc.);

1. Report on internal investigation (related to the details of settlement of the victim card) and video (including attached documents) prepared by the police;

1. Each entry of each receipt;

1. Application of each of the related visual Acts and subordinate statutes;

1. Article 329 of the Criminal Act and Article 327(1) of the Criminal Act are the fact that each of the property is acquired by deceit: The use of the NH fitness Card which commits a theft in the second sentence of Article 347(1) of the Criminal Act shall be covered by all of them: Article 70(1) of the Specialized Credit Finance Business Act.

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